Following a Fair Work Commission decision, from the first full pay period on or after 1 August 2018, most employees can take 5 days of unpaid leave to deal with family and domestic violence.
Employees can take the leave if they need to deal with the impact of family and domestic violence and it's impractical to do so outside their ordinary hours of work.
Family and domestic violence mean violent, threatening or other abusive behaviours by an employee's family member that:
- seeks to coerce or control the employee
- causes them harm or fear
The leave can be taken by employees to deal with the impact of family and domestic violence. This includes (but isn’t limited to) taking time to:
- make arrangements for their safety or the safety of a family member
- attend court hearings
- access to police services
An employer can ask their employees for evidence that shows the employee took the leave to deal with family and domestic violence. If the employee doesn't provide the requested evidence, they may not get family and domestic violence leave.
The evidence has to convince a reasonable person that the employee took the leave to deal with the impact of family and domestic violence.
- documents issued by the police service
- documents issued by a court
- family violence support service documents, or
- a statutory declaration.
Employers can ask employees to provide evidence for as little as 1 day or less off work.
For more information: Family and Domestic Violence
Family and Domestic Violence Leave, Fair Work Ombudsman