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Domestic Violence Leave

By Turner Freeman

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In recent years the community has had growing concerns regarding Domestic Violence and its prevention. Rosie Batty, a domestic violence campaigner, became the Australian of the Year.

A heightened awareness of the needs of the victims of domestic violence has also developed including a recognition of the impacts on a victim’s employment. Victims often find daily life, such as work, difficult to deal with.

In 2010 the University of New South Wales (UNSW), became the first employer to allocate domestic violence leave to its employees. This entitlement was secured by the Community and Public Sector Union which included Domestic Violence Leave in its log of claims for an Enterprise Agreement (EBA). The relevant clause in the resulting EBA allows staff who have been victims of Domestic Violence Leave to access Sick Leave, Carers Leave and Compassionate Leave.

A Domestic Violence Leave clause was included in the Crown Employees (Conditions of Employment) Award, the award covering NSW public sector employees. However, this granted victims an additional five days Special Leave a year.  This has now spread to many areas of the community sector, which have similar clauses in their Enterprise Agreements.

Domestic Violence Leave clause has since been included in the Crown Employees (Conditions of Employment) Award, the award covering NSW public sector employees. This entitlement has now been extended to other areas of the community sector, which have similar clauses in their EBAs.

Domestic Violence Leave can be of considerable assistance to victims and can help them manage their lives and their work commitments. It allows victims to take leave to focus on the health and welfare issues that are sadly and inevitably the consequence of domestic violence.

Staff who wish to access these entitlements need to contact their unions or bargaining agents to press for Domestic Violence Leave clauses to be included in their log of claims for EBAs.

Where your EBA contains a Domestic Violence Leave clause employers will require their employees to demonstrate that they are victims in order to access such leave. This will require medical evidence.

Turn to Turner Freeman

If you are in a workplace which has access to Domestic Violence Leave, you are a victim of Domestic Violence and you are unsuccessfully attempting to access Domestic Violence Leave, then you can contact Turner Freeman on 8833 2500.

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