Domestic and family violence leave is available as part of the Queensland Employment Standards provisions of the Industrial Relations Act 2016 (Qld) (the Act) for employees who have experienced domestic and family violence and as a result, require leave.
Leave may be used for a variety of reasons including:
Domestic and family violence leave may be paid or unpaid depending on how much leave is taken and the way in which the employee is employed.
Full-time employees, who are not casuals, are entitled to a maximum of 10 days paid domestic and family violence leave per year.
Part-time employees are entitled to a proportion of the full-time entitlement based on hours worked (pro rata).
A long term casual employee* is entitled to a maximum of 10 days unpaid domestic and family violence leave per year. A short term casual employee is entitled to a maximum of two days unpaid domestic and family violence leave per year.
If an employee has used their entitlement to paid or unpaid leave, they may be granted additional unpaid leave.
There is no qualifying period of employment that must be worked before an employee is eligible for domestic and family violence leave.
If an employee does not use domestic and family violence leave one year it is not carried over to the next year. The leave may be used at any time throughout the year including as consecutive days, separate days or parts of days.
An employee must notify the employer that leave is required. If possible, the notification should occur before leave is taken, where this is not possible, the employee should notify their employer as soon as possible.
If an employee applies for domestic and family violence leave, an employer may ask the employee to provide proof to support the employee’s application.
The Act recognises that it may be difficult to find proof of domestic and family violence and lists a range of the types of evidence an employee could give to an employer, including written advice or a statutory declaration.
Employers must treat every application for domestic and family violence leave with sensitivity. Information included in an employee’s application will be kept confidential unless an employer is required to take further action, such as where the violence threatens the health and safety of others in the workplace.
For specific information contact your employer’s Human Resources or Industrial Relations area or your Union.
*a long term casual employee is a casual employee engaged by a particular employer, on a regular and systematic basis, for 1 or more periods of employment during the 1 year immediately before the employee seeks to access this entitlement.