The Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018 was passed in Federal Parliament late last week. As a result, the right to take up to five days’ unpaid family and domestic violence leave has now been enshrined in the National Employment Standards (NES) and applies to all national system employees.

As CCIQ advised members in a previous IR Alert in August, employees covered by a Modern Award became entitled to five days’ unpaid family and domestic violence leave on 1 August 2018. At the time, the entitlement was not available to employees covered by an Enterprise Agreement, or to employees not covered by a Modern Award.

The NES now provides for five days of unpaid family and domestic violence leave in a 12-month period and is available in full to all employees, including casuals.

The leave is available in full at the commencement of each 12-month period, rather than accruing through the year, and does not accumulate from year to year.

What should I do?

Should you require any further advice regarding family and domestic violence leave entitlements, please don’t hesitate to contact the Employer Assistance Team via 1300 135 822. Please download the draft determination from the FWC for more information on the legislation itself.