Dec 2018 | New unpaid family & domestic violence leave entitlement

Date: 11 Dec 2018 

Source: FWO

All employees can now take unpaid leave to deal with family and domestic violence, following a recent change to the Fair Work Act 2009.

On 12 December 2018 the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 took effect. The Fair Work Act 2009 now includes an entitlement to unpaid family and domestic violence leave as part of the National Employment Standards (NES).

The new entitlement applies to all employees (including part-time and casual employees). It applies from 12 December 2018.  

What is the new entitlement and who does it apply to?

The new entitlement is to 5 days of unpaid family and domestic violence leave each year.

It applies to all employees (including part-time and casual employees).

Family and domestic violence is violent, threatening or other abusive behaviour by a close relative of an employee that:

  • seeks to coerce or control the employee
  • causes the employee harm or to be fearful.

A close relative of the employee is a person who:

  • is a member of the employee’s immediate family, or
  • is related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

Employees can take the leave if they need to do something to deal with the impact of family and domestic violence and it's impractical to do so outside their ordinary hours of work.

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