21 November Domestic violence leave now available to employees November 21, 2018 By Reef Admin Leave provisions 0 From 1 August 2018, all employees covered by modern awards have access to family and domestic violence leave. Here's what you need to know. This new entitlement follows the Fair Work Commission’s decision to reject the ACTU’s claim for 10 days’ paid leave. Instead, workers are entitled to take up to five (5) days of unpaid leave in circumstances where they’re experiencing a situation of family or domestic violence and need to do something to deal with the impact of the violence. This could include seeking urgent alternate accommodation, attending a court hearing or accessing police services. Importantly, this new type of leave is different from other forms of leave like annual leave or personal/carer’s leave in that it is available in full at the start of each 12-month period. It is also available to casuals and does not accumulate from year to year. The employee may be required to provide evidence that the leave is being taken for legitimate purposes. Such evidence may include documents issued by the court, police, a domestic violence service or a statutory declaration. There are also confidentiality requirements to which employers much adhere. While the impact of the Fair Work Commission’s decision should be minimal, it’s a reflection of the ever-changing workplace relations landscape. It also reflects the community’s view that we need to respond collectively to the impact of domestic violence and provide the support victims and families require in their time of need. Resources Awards The Fair Work Commission’s decision affects both the Real Estate Industry Award and the Clerks – Private Sector Award. Copies of these awards containing the new provision can be downloaded from the REEF People Management System. Templates A number of template documents available via the People Management System have been updated to reflect this new leave provision: Employment agreements Leave application form Employee handbook Leave policy Fact Sheet The Leave entitlements fact sheet has also be updated to explain the new leave provision. To access it, login to the People Management System. Related Coronavirus - Employment Q&As (part 1) The REEF Helpline has been inundated with calls regarding the Coronavirus and its impact on employment. To address some of your questions, please take the time to read the following essential information. Changes to annual leave provisions now in play In an important decision by the Fair Work Commission, annual leave provisions in modern awards have been varied to provide greater administrative flexibility. The changes apply from the first pay period on or after 29 July 2016. Coronavirus - Employment Q&As (part 2) The REEF Helpline has been inundated with calls regarding the Coronavirus and its impact on employment. To address some of your questions, please take the time to read the following essential information. Managing employee leave applications Do employers have a legal right to require employees to complete a leave application form each time they seek leave? Medical certificates and personal leave policies Can a personal leave policy insist that employees provide a medical certificate as proof of illness or injury? And if it does, is the policy compliant with the Fair Work Act 2009 and modern awards? Doctor, give me the news: Employee entitlement to personal/carer's leave It’s not uncommon for an employee to ask for a few hours off to visit their GP or attend a specialist medical appointment. They’re not sick, but there’s something they need attended to. Are they entitled to personal/carer’s leave? Comments are closed.