Changes to the Modern Awards (as determined under the Fair Work Commission) come into effect on 1 August 2018. This will mean employees can now request unpaid leave due to family or domestic violence reasons.

What exactly will the changes provide for:

5 days of unpaid leave will be available to ALL employees due to family or domestic violence, including casuals (irrespective of length of service);
the 5 days will be available at the start of each year (as opposed to accruing progressively throughout a year);
permanent employees will not have to take their paid annual leave (for example) before accessing the unpaid family and domestic violence leave

As always, these types of situations and requests should be treated with sensitivity and confidentially. Employers can, at their own fruition, offer more unpaid leave than what is stipulated by the changes to the Award and may like to do so on a case by case basis.

Can I ask the employee to provide “proof” without sounding insensitive?

Yes. Employers will be able to request evidence as to why the leave is needed. Any information supplied of this nature MUST be kept confidential by the employer. An example of “evidence” to substantiate the leave request can include documents such as a police service, a court order, doctor’s letter (including a medical certificate), a letter from a lawyer or a statutory declaration.

What other protection will employees receive under these changes?

Employees will be protected from any adverse outcome once the provisions come into effect, meaning employers will need to be very clear and transparent when it comes to how they deal with the employee’s ongoing employment. In other words, you can’t discriminate against someone who has been on leave for domestic violence reasons. Trust between you and your employees is going to be critical to ensuring provisions like this are taken and used appropriately. It is essential that employers in no way discourage employees from not taking this leave – that includes surreptitious actions such as not informing staff of their rights or asking them to use annual or sick leave instead.

Do I need to review my staff and employment policies?

Because of these changes, it may be worth reviewing your staff and employment policies, as well as any contracts and documentation that references employment conditions. If you haven’t already done so staff should also be informed this is now an option available to them. Training may also be appropriate.

How do I make sure I implement these changes correctly?

As always, Directors and leaders have a duty of care to protect the well-being of their employees and whilst this doesn’t always extend to the employees’ personal life, every endeavour should be made to ensure your staff’s well-being and safety is well considered. A recent survey indicated that over 80% of organisations had no specific training for dealing with domestic violence issues. And it does tend to be one of those topics that are not openly (or easily) discussed. As well as encouraging a conversation about these issues, as an employer, you can implement training and procedures for when these types of requests are made.

More Information:

White Ribbon has loads of resources to help in implementing workplace initiatives to help support the prevention of domestic and family violence, including workplace accreditation programs - you can find out more here. If you’re unsure of your obligations under the changes – please contact the team at You Legal for a no-obligation consultation.

Leave Entitlements for Domestic and Family Violence