Our Business Advice Hotline gets many questions on leave entitlements including queries about how to support employees who may be experiencing family and domestic violence.
It’s important to note that all employees (regardless of whether they are full time, part time or casual employees) are entitled to 10 days of paid family and domestic violence leave each year. The entitlement to paid family and domestic violence leave comes from the National Employment Standards (NES). It’s a paid minimum leave entitlement, like annual leave or paid sick and carer’s leave.
What is family and domestic violence?
Family and domestic violence is violent, threatening or other abusive behaviour that seeks to coerce or control a person or causes them harm or to be fearful. The behaviour may be by a close relative of the person, or a member of the person’s household, or the person’s current or former intimate partner. Family and domestic violence may include, but isn’t limited to:
How is the leave accrued?
An employee’s paid leave entitlement is available in full immediately. It resets on the employee’s work anniversary and it does not accumulate from year to year.
Paid family and domestic violence leave is a standalone leave entitlement, which means employees get it separately from other types of leave such as annual leave etc.
Protection from Discrimination
The Fair Work Act prohibits an employer from taking adverse action against an employee, or potential employee, because of their protected attribute.
These laws cover most employees and businesses and examples of protected attributes include a person’s: age, gender, race and religion, pregnancy and family or carer responsibilities. Examples of adverse action include:
Where can I get some advice?
Need some advice or support on how to manage this in the workplace? South Australian Business Chamber members can call the Business Advice Hotline on (08) 8300 0000 (select option 1).
Support Services
1800RESPECT is the national domestic, family and sexual violence counselling, information and support service. If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au.
