Save this info: Employer obligations for Domestic Violence
Oct 29, 2024Employer obligations for Domestic Violence
The Fair Work Act, National Employment Standards (NES) and modern awards set out employer obligations designed to support employees experiencing or supporting someone experiencing family and domestic violence (FDV).
Defining Family and Domestic Violence
FDV can be defined as violent, threatening or abusive behaviour that seeks to coerce or control a person and causes them harm or fear. This is often perpetrated by a close relative, a person’s current or former intimate partner, or a member of the person’s household (Fair Work, 2024).
This may include but is not limited to:
- Physical violence
- Sexual assault and other sexually abusive behaviour
- Economic abuse
- Emotional or physical abuse
- Stalking
- Kidnapping
- Damaging property, irrespective of whether the victim owns the property
- Causing injury or death to an animal, irrespective of whether the victim owns the animal
- Causing a child to be exposed to any of the above behaviour
What are your obligations as an Employer?
In the event an employee is experiencing FDV an employer has four obligations to support the employee:
1. Providing paid DV leave
All employees have access to 10 days paid FDV leave per year from the commencement of employment. This entitlement resets each year, does not accrue and unused leave cannot be transferred into the next year.
Employees must notify their employer as soon as practicable to take paid DV and are not required to provide evidence, unless the employer makes a reasonable request.
Examples of evidence can include documents issued by police, the court or DV support services and/or a statutory declaration.
This entitlement is to be used if an employee needs to perform actions to deal with the impact of DV and they cannot do so out of work hours. For example:
- Making arrangements for the employee’s safety or the safety of a family member;
- Attending court hearings;
- Accessing police services;
- Attending counselling; or
- Attending appointments with medical, financial or legal professionals.
2. Ensuring all information disclosed to you is confidential and private
All employers are required to take steps to ensure information provided to them is private and confidential. This includes ensuring DV payment is not stated on an employee’s pay slips.
For assistance regarding privacy and confidentiality requirements, please contact Employii.
3. Not unreasonably declining a flexible work arrangement request
An employee is entitled to request a flexible working arrangement if they are experiencing DV, unless the business has under 15 employees. This includes requesting to change work hours, location or work patterns.
The employer is required to give genuine consideration to the request and discuss with the employee.
4. Ensuring the employee is not subject to adverse action because of their experience
An employee experiencing DV cannot be treated unlawfully and subject to adverse action because of their situation. This includes dismissal, changes to employment conditions or loss of benefits.
Further action:
For more information around employer obligations visit the Fair Work website via the link here.
Please feel free to reach out to Employii via [email protected] and one of our HR Consultants will be in touch.
Author Jess Roughsedge (HR Officer)
