Family and Domestic Violence affects more then 50% of Australians and can impact on a victims personal and professional life as well as their children.
From 12 December 2018, all employees are entitled to take unpaid leave as a result of Family and Domestic Violence.
Family and Domestic Violence is any behaviour that is violent, threatening, controlling or intended to make you or your family feel scared and unsafe. It can include physical violence, sexual assault, verbal or emotional abuse, controlling behaviour, stalking, technology facilitated abuse, financial abuse and elder abuse.
Section 106A of the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 (the “Act”) states that all employees are entitled to take five (5) days of unpaid Family and Domestic Violence leave per year (the “Entitlement”). The Entitlement extends to full-time, part-time and casual employees and does not accumulate from year to year. The Entitlement can be taken by employees experiencing Family and Domestic Violence as a single continuous five (5) day period, separate periods of one or more days each or any separate periods to which the employee and employer agree, including periods of less than one (1) day.
The Entitlement allows employees to deal with the effects of Family and Domestic Violence, enabling them an opportunity to access medical, police, legal and counselling services and time to attend court hearings that are impractical for the employee to do outside the employee’s ordinary hours of work.
Section 106C of the Act states that employers must take steps to ensure information concerning Family and Domestic Violence leave is treated confidentially, unless disclosure is required by an Australian law or is necessary to protect the life, health or safety of the employee or another person.
If you are experiencing domestic violence, you should contact your local domestic violence hotline, the police and a competent lawyer.
Remember, you are not alone in the fight against domestic violence.