Application
This Policy applies to all departments and public sector bodies of the State of Victoria and their non-executive level employees, as defined under the Public Administration Act 2004 (Vic) (PA Act) and other Victorian legislation.
Overview
Workplace environments that are safe, inclusive, and receptive to the burden and hardship of family and domestic violence are critical to reinforcing the social norms of respect, non-violence, and equity. The Victorian Government is committed to creating a broader culture that supports respectful relationships, practices positive attitudes and behaviours, and promotes workplaces that are free from all forms of violence, including in workplaces across the Victorian public sector.
Employees across the public sector may experience situations of violence and abuse that constitute family and domestic violence, and which may affect their attendance and performance at work. The Victorian Government is committed to providing any employee who is experiencing family and domestic violence with the necessary support and flexibility while maintaining their employment. The Government acknowledges that paid work plays a crucial role in providing the financial stability to enable people experiencing family and domestic violence to remove themselves from dangerous, abusive, or violent situations.
Family and Domestic Violence Supports
Public sector employers must ensure they have appropriate arrangements in place to support employees who are experiencing family violence and must include in their enterprise agreements the model family and domestic violence leave provision below (Attachment A) or a more beneficial clause. The model clause provides that:
- All employees are entitled to paid family and domestic violence leave, including casual employees. This leave is available to assist the employee to attend medical appointments, legal proceedings and/or other activities to assist the employee to deal with the consequences of family and domestic violence and/or to remove themselves from dangerous or violent situations. This includes time required for recovery from incidents of family and domestic violence.
- Up to 20 days paid family and domestic violence leave per 12-month period (non-cumulative) is available for employees other than casual employees who are experiencing family and domestic violence. This leave is in addition to personal leave entitlements.
- Pro-rata entitlements for part-time employees will continue to apply in relation to an employee’s paid family and domestic violence leave entitlement provided that the pro-rata arrangements result in at least 10 days paid family and domestic violence leave per annum for each employee (non-cumulative). In addition to the paid family and domestic violence leave entitlement, part-time employees are entitled to unpaid family and domestic violence leave (up to a combined total of 20 days inclusive of the employee’s paid family and domestic violence leave entitlement).
- Casual employees who are experiencing family and domestic violence are entitled to up to 10 days paid family and domestic violence leave per year and up to 10 days unpaid family and domestic violence leave per year (non-cumulative).
- Paid family and domestic violence leave is available in full at the start of each 12-month period of the employee’s employment, in line with an employee’s anniversary date and the full balance is renewed on the employee’s anniversary date each year. While paid family and domestic violence leave is not cumulative, if the leave is exhausted in a 12‑month period, consideration will be given to providing additional paid or unpaid leave and will not be unreasonably refused.
- Meaningful workplace supports are available to employees experiencing family and domestic violence (such as flexible working arrangements, changes to the employee’s ordinary hours of work, altered working locations or duties and/or other reasonable support measures) to minimise any negative impacts on the employment of affected employees. Employers must consult with the employee experiencing family and domestic violence when implementing meaningful workplace supports to ensure employee safety.
Departments and agencies are also required to provide access to suitable support services and referrals, as well as adequate planning, training, and resources to equip managers and human resources staff to communicate and implement the family and domestic violence leave entitlement. Public sector employers must also ensure they have appropriate privacy and confidentiality arrangements in place and employers must consider an employee’s response and concerns to ensure employee safety.
Family and domestic violence supports, including paid or unpaid family and domestic violence leave, must not extend to perpetrators (or alleged perpetrators) of family and domestic violence.
Information that must not be included on pay slips
Employers must comply with regulations 3.47 and 3.48 of the Fair Work Regulations 2009 (Cth) with regards to reporting paid family and domestic violence leave on payslips. In accordance with those regulations, employers must not include information in relation to paid family and domestic violence leave on an employee’s payslips, including:
- that an amount paid to an employee is a payment made with respect to family and domestic violence leave
- that a period of leave taken by an employee is a period of paid family and domestic violence leave
- the balance of an employee’s entitlement to family and domestic violence leave.
Employers must not report that an amount has been paid to an employee for taking a period of leave. This must instead be reported as an amount paid to an employee for the performance of ordinary hours of work or as another kind of payment made in relation to the performance of work (including, but not limited to, an allowance, bonus, or payment of overtime).
However, if the employee has requested that the employer report the amount on the payslip as an amount paid for the taking of a particular kind of leave (other than a period of family and domestic violence leave), the amount must be reported on the pay slip as due to the employee taking that other leave type.
Notwithstanding these requirements, public sector employers are expected to ensure that where family and domestic violence leave is utilised by employees it remains deidentified. All personal information concerning family and domestic violence must be kept confidential in line with the public sector employer’s policies and relevant legislation.
Further Information
For further information and advice, employees and public sector union representatives should contact the local Human Resources or People and Culture Unit (or equivalent) of the relevant entity in the first instance.
People and Culture Representatives of Public Sector Entities should contact their Portfolio Department for further assistance in the first instance.
People and Culture Representatives of Portfolio Departments should contact their usual Industrial Relations Victoria portfolio contact for further assistance in the first instance.
Related Policies or Documents
- Flexible Work Policy
Attachment A
Updated