National Employment Standards Update – Family and Domestic Violence Leave

National Employment Standards Update

The National Employment Standards (NES) have now been updated to include Family and Domestic Violence Leave.  As you may know, this entitlement was inserted into modern awards last year.  This entitlement has now been extended to all employees.

What is the scope of the entitlement?

Family and Domestic Violence means behaviour that is violent, threatening or abusive in nature which seeks to coerce, control or cause harm and fear.  It is at the hands of a close relative of the employee, which includes spouses, partners, children, parents, grandparents, grandchildren, siblings.  It also extends to an employee’s current or former spouse or partner’s children, parents, grandparents, grandchildren, siblings or a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

What is the entitlement?

  1. five days unpaid leave to apply to all employees (including casuals);
  2. will be available in full at the commencement of each 12 month period rather than accruing progressively during a period of service;
  3. will not accumulate from year to year;
  4. will be available in full to part-time and casual employees (i.e. not pro-rated); and
  5. employees will not be required to have accessed any other available leave (such as annual leave or personal leave) as a pre-condition to accessing the new entitlement.

The clause also requires employees to give notice of the leave as soon as practicable and advise the employer of the period/expected period of leave. If requested by the employer, the employee may be required to give evidence that would satisfy a reasonable person that the leave is taken for its specified purpose.

Fair Work Information Statement

Given the changes, it is a good opportunity to remind all employers that they are required to provide the Fair Work Information Statement to all new employees.  The most recent Statement may be found here and includes the new minimum wage rates for employees not covered by an award, effective from 1 July 2019.

Please contact our Workplace Relations team if you have any questions.