While the festive season typically conjures images of joyous celebrations with friends and family, for many, this time of year is filled with additional pressures, grief and sadness. Christmas can create or intensify feelings of loneliness, isolation, anxiety, depression, financial pressure, and these can contribute to conflict.

With this in mind, it’s important to be aware of what is available to employees who may be affected by domestic violence and as an employer, to consider the warning signs to look out for in your team.

Family and domestic violence is a growing national health and welfare concern in Australia with violence from an intimate partner affecting one in six women. In recognition of the prevalence of family and domestic violence in Australia, the National Employment Standards and Modern Awards were updated to provide employees in need up to 5 days of unpaid family and domestic violence leave each year.

What is family and domestic violence leave and what can it be used for?

Family and domestic violence leave allows for all employees to access up to five days of emergency unpaid leave per annum to assist with managing a domestic violence situation.

This leave may be taken to:

  • Organise alternate accommodation
  • Participate in court or police proceedings
  • Other emergency activities that would be impractical to do outside of ordinary working hours.

Family and domestic violence leave does not need to be accrued, so employees can access this type of leave even if they haven’t been working for their employer for more than 12 months. Unlike personal leave, family and domestic violence leave does not accrue from year to year.

What evidence can an employer request when granting this type of leave?

Given the sensitive nature of the topic, an employer should use their discretion as to whether or not they require evidence to approve a request for family and domestic violence leave. Evidence may include police reports, court documents, family violence support services documents, or a signed statutory declaration.

When considering asking for evidence to support a family and domestic violence leave request, it is important to ask “Is such evidence presented likely to satisfy a reasonable person?” the “reasonable person” test will apply.

What are my obligations as an employer?

Employers ARE required to make family and domestic violence leave available to their employees. Employers ARE NOT required to pay the employee during period/s of family and domestic leave however, they may make discretionary payments if they wish to do so, and they may offer to provide the employee with other types of paid leave if available.

In such a sensitive situation, with potential legal implications, employers are strictly obliged to take all reasonable steps to maintain confidentiality for the employee, including their reasons for absence and protecting any evidence provided.

What are the warning signs and is there anything I can do to help?

Commonly, sufferers of domestic violence will go to extreme lengths to hide the truth, however there are warning signs to look out for and these can include:

  • Lack of concentration
  • Seemingly distant
  • Emotional behaviour and/or mood swings
  • Less communication with colleagues
  • Arriving late to work
  • Frequently calling in sick

If you feel that your employee is not their usual self, it is OK to ask them if everything is ok and if they need any support. The above behaviours can indicate mental health issues unrelated to domestic violence also. These kinds of conversations are best to take place in a private, confidential location so your employee feels safe enough to respond honestly.

Should employers review their policies?

It is a good idea to take the opportunity to review your current policies and ensure that family and domestic violence leave is included and referenced. This will ensure that any employee needing to access this type of leave knows what they’re entitled to and that the business will support them through a challenging time in their life.

MENTAL HEALTH SERVICES IN WA

Resource to share with your employees:

You can get help by calling a helpline if you are looking for someone to talk to. They are there to listen, and to provide advice, information and referrals.

Mental Health Support Lines in WA:

Search the My Services online directory, and make it easier to navigate the system and find the right support for mental health, alcohol and other drug issues.

Visit your GP for advice and support.

Seek support online via live chat and online forums such as beyondblue online chat  or Lifeline Crisis Support Chat .

In an emergency always call 000 or visit your local emergency department.

Need more HR Help?

If you’re looking for assistance in managing a family or domestic violence leave situation or developing relevant policies, don’t hesitate to get in touch with our team, via the chat box here or calling us on 08 6150 0043.

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