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).
This entitlement applies to all employees (including part-time and casual employees). It applies from 12 December 2018.
The information on this page has been updated to reflect the new entitlement.
Since 1 August 2018, employees covered by industry and occupation awards have been able to access unpaid family and domestic violence leave under their award, following a Fair Work Commission decision to introduce this entitlement into these awards. However, the recent changes to the Fair Work Act 2009 mean that all employees now have access to this leave entitlement, regardless of whether they’re covered by an award or not. Read more below.
All employees are entitled to unpaid leave to deal with family and domestic violence.
Read more about:
Find out about Taking family and domestic violence leave and Notice and evidence requirements.
How does the new NES entitlement affect the existing award entitlement to unpaid leave?On 1 August 2018, all industry and occupation awards were updated to include unpaid family and domestic violence leave.
The award entitlement is for the same amount of leave as the new entitlement in the NES.
This means that for all employees covered by industry and occupation awards, the amount of the entitlement hasn’t changed.
Employees covered by registered agreements, enterprise awards or state reference public sector awards may still be entitled to other paid or unpaid entitlements in their award or agreement that they can access in these circumstances. If the award or agreement provides less than the minimum entitlement in the NES, the NES entitlement still applies.
Source: FairWork Australia
The information on this page has been updated to reflect the new entitlement.
Since 1 August 2018, employees covered by industry and occupation awards have been able to access unpaid family and domestic violence leave under their award, following a Fair Work Commission decision to introduce this entitlement into these awards. However, the recent changes to the Fair Work Act 2009 mean that all employees now have access to this leave entitlement, regardless of whether they’re covered by an award or not. Read more below.
All employees are entitled to unpaid leave to deal with family and domestic violence.
Read more about:
- who gets family and domestic violence leave
- workplace policies dealing with family and domestic violence leave
- what is family and domestic violence
- support services for people impacted by family and domestic violence.
Find out about Taking family and domestic violence leave and Notice and evidence requirements.
How does the new NES entitlement affect the existing award entitlement to unpaid leave?On 1 August 2018, all industry and occupation awards were updated to include unpaid family and domestic violence leave.
The award entitlement is for the same amount of leave as the new entitlement in the NES.
This means that for all employees covered by industry and occupation awards, the amount of the entitlement hasn’t changed.
Employees covered by registered agreements, enterprise awards or state reference public sector awards may still be entitled to other paid or unpaid entitlements in their award or agreement that they can access in these circumstances. If the award or agreement provides less than the minimum entitlement in the NES, the NES entitlement still applies.
Source: FairWork Australia
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