31 Jul FAMILY & DOMESTIC VIOLENCE LEAVE
From 1 August 2018 most modern awards (including the Timber Industry Award 2010) have been varied to insert the Leave to deal with Family and Domestic Violence model term as follows:
36A. Leave to deal with Family and Domestic Violence
[36A inserted by PR609389 ppc 01Aug18]
36A.1 This clause applies to all employees, including casuals.
(a) In this clause:
family and domestic violence means violent, threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful.
family member means:
(i) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; or
(ii) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee; or
(iii) a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.
(b) A reference to a spouse or de facto partner in the definition of family member in clause 36A.2(a) includes a former spouse or de facto partner.
36A.3 Entitlement to unpaid leave
An employee is entitled to 5 days’ unpaid leave to deal with family and domestic violence, as follows:
(a) the leave is available in full at the start of each 12 month period of the employee’s employment; and
(b) the leave does not accumulate from year to year; and
(c) is available in full to part-time and casual employees.
Note: 1. A period of leave to deal with family and domestic violence may be less than a day by agreement between the employee and the employer.
The employer and employee may agree that the employee may take more than 5 days’ unpaid leave to deal with family and domestic violence.