Helping workers to pick up pieces
UNPAID family and domestic violence leave is now available to employees covered by industry or occupation awards.
The changes handed down by the Fair Work Commission, came into place on August 1.
They allow for five days of unpaid leave for full-time, part-time and casual workers.
Previously employees relied on the bosses’ goodwill to offer unpaid leave or they would take personal leave.
The ability for people dealing with family and domestic violence to come back into the work environment is important to their future so knowing their job is secure if they need to take time off would boost the morale of employees.
It is a positive step forward as employment is the pathway out of violent relationships.
Conversely, lack of financial security has an adverse impact on recovery.
Employers can require employees to provide evidence to satisfy a reasonable person that they require unpaid leave to deal with family and domestic violence.
Depending on the circumstances, this could be a doctor’s certificate, paperwork from the police, court or family violence support service, or a statutory declaration.
This entitlement does not apply to employees covered by enterprise awards, state reference public sector awards, enterprise and other registered agreements, or those who are award and agreement free.
Society has begun to acknowledge that domestic and family violence is a community problem so it is highly likely that this unpaid leave will become a national employment standard alongside annual leave and sick leave.
I also expect larger employers are likely to amend their enterprise agreements to reflect this change, if they don’t already have provision for it.
Employers should review and update existing policies and procedures to incorporate the new leave entitlement.
The should let employees know they can take it, and inform them how it interacts with other leave entitlements.
Jessika Reghenzani is an employment lawyer with WGC Lawyers.
THE ABILITY FOR PEOPLE DEALING WITH FAMILY AND DOMESTIC VIOLENCE TO COME BACK INTO THE WORK ENVIRONMENT IS IMPORTANT TO THEIR FUTURE