Following a Fair Work Commission (FWC) decision, most employees can take unpaid leave to deal with family and domestic violence from the first full pay period on or after 1 August 2018.

The FWC will soon be updating all industry and occupation awards to include a new clause allowing employees to take unpaid leave to deal with family and domestic violence.

What is the family and domestic violence leave entitlement?

Employees covered by an award with the new clause are entitled to 5 days of unpaid family and domestic violence leave each year. Family and domestic violence means violent, threatening or other abusive behaviour by an employees family that:
• seeks to coerce or control the employee
• causes them harm or fear

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.

Who does it apply to?

The new entitlement applies to all employees covered by an industry or occupation award. It doesn’t apply to employees who are covered by:
• Enterprise awards
• State reference public sector awards
• Enterprise and other registered agreements
• or are award and agreement free

What should I do?

Should you require any further advice regarding family and domestic violence leave entitlements, please don’t hesitate to contact the Employer Assistance Team via 1300 135 822. Please download the draft determination from the FWC for more information on the legislation itself.

Download the draft determination.

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