17 Dec
2018

Family and Domestic Violence Leave

Following an earlier Fair Work Commission decision granting unpaid family and domestic violence leave to award covered employees, on and from 12 December, 2018 family and domestic violence leave has been added to the National Employment Standards and now applies to all employees in the Fair Work System, including casuals.

The entitlement allows employees experiencing family and domestic violence to access up to 5 days of unpaid leave to deal with the impact of the violence. This includes (but is not limited to) taking time off to:

  • make arrangements for personal safety, or the safety of a family member
  • attend court hearings
  • access police services.

Family and domestic violence is defined a “violent, threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes and that causes them harm or to be fearful”.

 The five days unpaid leave entitlement is:

  • available in full at the start of each 12 month period of employment
  • does not accumulate from year to year
  • is available in full to full-time, part-time and casual employees

 Employees must provide notice of their intention to take the leave as soon as reasonably practicable.  An employer may request evidence that would satisfy a reasonable person that the leave will be taken for the purposes described above.


Whilst we are committed to providing you with information that you can trust, the content of this publication is general in nature and should not be relied upon as professional advice. Please contact us for specific advice on how to proceed before taking any action.

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