New unpaid family & domestic violence leave entitlement

All employees can now take unpaid leave to deal with family and domestic violence, following a recent change to the Fair Work Act 2009.

On 12 December 2018 the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 took effect. The Fair Work Act 2009 now includes an entitlement to unpaid family and domestic violence leave as part of the National Employment Standards (NES).

The new entitlement applies to all employees (including part-time and casual employees). It applies from 12 December 2018.

What is the new entitlement and who does it apply to?

The new entitlement is to 5 days of unpaid family and domestic violence leave each year.

It applies to all employees (including part-time and casual employees).

Family and domestic violence is violent, threatening or other abusive behaviour by a close relative of an employee that:

• seeks to coerce or control the employee
• causes the employee harm or to be fearful.

A close relative of the employee is a person who:

• is a member of the employee’s immediate family, or
• is related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

Employees can take the leave if they need to do something to deal with the impact of family and domestic violence and it’s impractical to do so outside their ordinary hours of work.

Confidential information, counselling and support for people impacted by domestic and family violence is available at the 1800 RESPECT website, the national sexual assault, domestic and family violence counselling service.  

If you do receive a request from a Support Worker here are some guidelines from the 1800RESPECT website on what questions to ask and how to best support them.

How can I support someone?

Finding out that someone you know is being hurt is always hard. Perhaps you want to help but don’t know what to do. The good news is that there are simple things you can do that can make a big difference.

When someone you know is experiencing domestic or family violence the way you talk and listen to them makes all the difference. You may be worried about doing the wrong thing, but it is important to know that it is OK to say something. Many people are glad to have the chance to talk about what they are going through.

When someone is experiencing violence, they often feel trapped and out of control. These feelings can be made worse if you try to force them to do what you think is best. It is very important that people are supported to make their own choices, as they are ready.

Here are some ways you can help:

• In an emergency or if is someone is in danger now, call 000 immediately
• Believe them and take their fears seriously. This is important no matter what you think of the person or people who hurt them.
• Listen without interrupting or judging
• Never blame the person experiencing the violence for what has happened to them. Violence is never OK.
• Don’t make excuses for the person who has hurt them
• Understand that they may not be ready or it may not be safe to leave. Don’t try to force them to do what you think is best.
• Remember that domestic and family violence is not just physical
• Help in practical ways—with transport, appointments, child minding, or a place to escape to
• Help explore options. You or the person you are supporting can call 1800RESPECT or visit our website for more information and support.
• Some people may need the help of an advocacy service to explore options or contact 1800RESPECT.

What are the signs of domestic and family violence? People experiencing domestic or family violence may:

• Suddenly stop going out with no reason
• Worry a lot about making a particular person angry
• Make a lot of excuses for someone’s negative behaviour
• Have marks or injuries on their body that can’t be explained
• Stop spending time with friends and family
• Seem scared or wary around a particular person
• Seem worried that they are being watched, followed or controlled in some way

 A person whose behaviour is violent or abusive may:

• Act in ways that make the other person scared
• Put the other person down all the time
• Make threats to hurt another person
• Control
  • Where someone goes
  • Who they see and speak to
  • What happens to their money
  • How and when they can use their phone, car, or computer
• Have a lot of rules about how the other person is allowed to behave
• Get very angry when the other person doesn’t follow these rules

How do I ask someone about domestic and family violence?

In the end, the only way to be sure there is a problem is to ask. This might feel hard, but there are things you can do to make it easier.

You may be worried that the person experiencing the violence will get angry, upset or won’t want to talk. This may be the case, but often people are glad to be able to talk about what is happening.

Pick a quiet time to talk, when the violence isn’t happening. Let the person talk at their own pace, don’t push them to say more than they feel ready to.

If the person you are talking to doesn’t react in the way you hoped, don’t take it personally. Let it go for now, but let them know you are there if they need you.

It’s better to talk to them about the things you’ve noticed that make you worried, than to give your opinion.

You can try some questions like:

• I’m wondering if everything is OK at home?
• I noticed you have some bruises. How did that happen? Did someone do that to you?
• I’ve noticed you seem frightened by your partner [or other person you suspect is hurting them]. Is that right? Is everything OK?

Give them the chance to speak in private. Be prepared to listen, but don’t force them to speak if they are not ready.