Family and Domestic Violence Leave Policy

1. Policy Overview

[Business Name] is committed to providing a safe and supportive workplace for all employees. We recognise that family and domestic violence is a serious issue that affects individuals, families, and the workplace. This policy sets out the entitlements and support available to employees who are experiencing family and domestic violence.

2. Purpose

The purpose of this policy is to:

• Outline the entitlements to family and domestic violence leave in accordance with the Fair Work Act 2009 (Cth).
• Provide a clear process for employees to access this leave.
• Ensure that [Business Name] responds to disclosures of violence with sensitivity and confidentiality.
• Comply with all legal obligations regarding workplace safety and anti-discrimination.

3. Scope

This policy applies to all employees of [Business Name], including full-time, part-time, and casual employees.

4. Entitlements

All employees are entitled to 10 days of paid Family and Domestic Violence Leave each year.

• Accrual: This leave accrues at the start of every 12-month period of service.
• Accumulation: This leave does not accumulate from year to year if it is not used.
• Casual Employees: Casual employees are paid at their full casual rate for the hours they would have worked during the leave period.

5. Definition of Family and Domestic Violence

Family and domestic violence means violent, threatening, or other behaviour by a person that coerces or controls a member of the person's family, or causes the family member to be fearful. This includes:

• Physical or sexual abuse
• Emotional or psychological abuse
• Economic abuse
• Stalking
• Kidnapping

6. Reasons for Taking Leave

An employee can take this leave if they need to do something to deal with the impact of family and domestic violence. This may include:

• Making arrangements for their safety, or the safety of a close relative (including relocation).
• Attending court proceedings.
• Accessing police services.
• Attending medical appointments or counselling.
• Attending appointments with a legal practitioner or support service.
• Organising childcare or school arrangements.

7. Notice Requirements

Employees should give notice to [Business Name] as soon as practicable. If possible, this should be before the leave starts. However, we understand that in emergencies this may not be possible. Notice can be given by phone, email, or in person.

8. Evidence Requirements

Employees must provide evidence that reasonably satisfies [Business Name] that the leave is taken because they need to deal with family and domestic violence. We do not require specific details of the violence.

Acceptable evidence includes:

• A statutory declaration.
• A document issued by the police service.
• A court order.
• A medical certificate.
• A letter from a registered support service.

9. Confidentiality and Privacy

[Business Name] treats all disclosures of family and domestic violence with strict confidentiality. Information will only be shared with managers or HR personnel who directly need to know to support the employee or manage the leave. We will not disclose information to other employees unless required by law or with the employee's explicit consent.

10. Support and Assistance

[Business Name] aims to support employees through this difficult time. Employees can speak to [Contact Person/HR Manager] to discuss workplace adjustments or flexible work arrangements. We will provide a list of external support services upon request.

11. Victimisation

[Business Name] strictly prohibits victimisation of any employee who accesses their entitlement to family and domestic violence leave. Any employee found to be treating another employee detrimentally because of this leave will face disciplinary action, which may include termination of employment.

12. Policy Review

This policy will be reviewed regularly to ensure it remains compliant with legislation and best practice.

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Approval:

[Name] [Job Title] [Date]