From 1 August 2018, employees are entitled to family and domestic violence leave.The Fair Work Commission has updated all industry and occupation awards to include a new clause about family and domestic violence leave.

Who is entitled to unpaid family and domestic violence leave?
All employees (including casual employees) covered by an award with the new clause are entitled to 5 days unpaid family and domestic violence leave.

So as an Employer, what evidence can you request? 
An employer can ask their employee for evidence that shows the employee took the leave to deal with family and domestic violence. If the employee doesn't provide the requested evidence, they may not get family and domestic violence leave.
The evidence has to convince a reasonable person that the employee took the leave to deal with the impact of family and domestic violence.

What types of evidence are acceptable?
Types of evidence can include:
documents issued by the police service;
documents issued by a court;
family violence support service documents; or
a statutory declaration (also known as a stat dec).
Employers can ask employees to provide evidence for as little as 1 day or less off work.

Confidentiality
Employers have to take reasonably practicable steps to keep any information about an employee’s situation confidential. This includes information about the employee giving notice that they’re taking the leave and any evidence they provide. Employers are not prevented from disclosing information if:
it's required by law; or
is necessary to protect the life, health or safety of the employee or another person.
Employers need to be aware that any information about an employee's experience of family and domestic violence is sensitive. If information is mishandled, it could have adverse consequences for their employee. Employers should work with their employee to discuss and agree on how this information will be handled.

Are you finding it difficult to comply with Fair Work requirements?
ISOsafe offer Fair Work advice to businesses and employers Australia-wide. Where requested, our Specialists will visit your workplace to review your processes and documents. Based on this, we will provide you with support, compliance documents, training and a detailed report containing areas for improvement. Call ISOsafe today on 1300 789 132.