How does it work and how to apply, explained
Full-time, part-time and casual employees will all have the right to access 10 days of paid family and domestic violence leave in a 12-month period, with the Albanian government passing the law through the federal parliament in August.
“This bill will not in itself solve the problem of family and domestic violence, but it means no employee in Australia will ever again be forced to make a choice between earning a wage and protecting the safety of themselves and their families not,” Minister of Employment. Tony Burke said as the law was passed.
Here’s how the leave will work.
The leave will be available to all employees. (Getty Images/iStockphoto)
What is Paid Family and Domestic Violence Leave and how does it work?
Paid family and domestic violence leave will be available to any employee who experiences violent, threatening or other abusive behavior by a close family member, a current or former intimate partner, or a member of their household who attempts to coerce or control them or cause them. harm or fear.
A close relative is defined as a child, parent, grandparent, grandchild or sibling of a current or former spouse or de facto partner, or a person related to the employee under Aboriginal or Torres Strait Islander kinship rules .
How much is the payment for domestic violence?
The payment will be whatever the employee would have earned if they were at work.
Full-time and part-time employees can take paid family and domestic violence leave at their full rate of pay for the hours they would have worked as if they had worked.
Casual employees will be paid at their full rate of pay for the hours they are listed to work during the period they took leave.
The full rate of pay includes an employee’s base rate plus any incentive-based payments and bonuses, encumbrances, monetary allowances, overtime or penalty rates.
When does domestic violence leave start?
The leave will be available from 1 February at most workplaces.
Small businesses will have an extra six months to adapt to the changes, meaning they will take effect in their workplaces from 1 August.
Employment and Workplace Relations Minister Tony Burke campaigned for the leave in Parliament. (Alex Ellinghausen)
Who will pay for the leave?
Employers will have to pay domestic violence leave.
That’s why small businesses get an extra six months to prepare for the change.
Who has access to paid family and domestic violence leave?
Any employees who need to do something to deal with the impact of family and domestic violence that is not practical to do outside of their working hours can take paid family and domestic violence leave.
making arrangements for their safety, or the safety of a close family member (including relocation) attending court hearings, accessing police services and counseling and attending appointments with medical, financial or legal professionals.
Will the family and domestic violence leave appear on payslips?
Employers must keep records of leave balances and any leave taken by employees.
However, payslips should not list family and domestic violence leave, including any leave taken and leave balances.
Employers will be able to ask for evidence to show that the employee does need to take the leave. (Getty Images/iStockphoto)
How does someone take family and domestic violence leave?
Employees taking paid family and domestic violence leave must let their employer know as soon as possible – but this may be after the leave has started.
An employer can ask their employee for evidence to show that the employee needs to do something to deal with family and domestic violence and it is not practical to do it outside of their working hours.
An employer can only use this information to satisfy themselves that the employee is entitled to family and domestic violence leave, unless:
the employee agrees that the employer is obliged to handle the information by law, or it is necessary to protect the life, health or safety of the employee or another person.
The employer cannot use the information for other purposes, including taking adverse action against the employee.
Accumulating domestic violence leave?
No, the leave will not accumulate from year to year if not used.
The leave balance will be renewed each year on an employee’s work anniversary
Employees who start work on or after leave entitlements are in place will have access to the full 10 days from their start date.
More information can be found here.
Help is available from the Men’s Referral Service on 1300 766 491.
If you are in immediate danger, call triple zero (000).
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