Common use of Family and Domestic Violence Leave Clause in Contracts

Family and Domestic Violence Leave. ‌ (1) This clause applies to all Employees, including casuals. (2) In this clause: (a) family and domestic violence means violent, threatening or other abusive behaviour by a family member of an Employee that seeks to coerce or control the Employee and that causes them harm or to be fearful. (b) family member means: (i) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the Employee; or (ii) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee; or (iii) a person related to the Employee according to Aboriginal or Xxxxxx Xxxxxx Islander kinship rules. (3) An Employee is entitled to 10 days' unpaid leave to deal with family and domestic violence, as follows: (a) the leave is available in full at the start of each 12-month period of the Employee's employment; and (b) the leave does not accumulate from year to year; and (c) is available in full to part-time and casual Employees. (4) An Employee may take unpaid leave to deal with family and domestic violence if the Employee: (a) is experiencing family and domestic violence; and (b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the Employee to do that thing outside their ordinary hours of work. (5) The time an Employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the Employee's continuity of service. (6) An Employee must give their Employer notice of the taking of leave. The notice: (a) must be given to the Employer as soon as practicable (which may be a time after the leave has started); and (b) must advise the Employer of the period, or expected period, of the leave. (7) An Employee who has given their Employer notice of the taking of must, if required by the Employer, give the Employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in this clause.

Appears in 14 contracts

Samples: Greenfields Agreement, Greenfields Agreement, Greenfields Agreement

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Family and Domestic Violence Leave. (1) This clause applies to all Employees, including casuals. (2) In this clause: (a) family and domestic violence means violent, threatening or other abusive behaviour by a family member of an Employee that seeks to coerce or control the Employee and that causes them harm or to be fearful. (b) family member means: (i) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the Employee; or (ii) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employeeEmployee; or (iii) a person related to the Employee according to Aboriginal or Xxxxxx Xxxxxx Islander kinship rules. (3) An Employee is entitled to 10 5 days' unpaid ’ paid leave to deal with family and domestic violence, as follows: (a) the leave is available in full at the start of each 12-month period of the Employee's ’s employment; and (b) the leave does not accumulate from year to year; and (c) is available in full to part-time and casual Employees. (4) An Employee may take unpaid leave to deal with family and domestic violence if the Employee: (a) is experiencing family and domestic violence; and (b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the Employee to do that thing outside their ordinary hours of work. (5) The time an Employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the Employee's ’s continuity of service. (6) An Employee must give their Employer Company notice of the taking of leave. The notice: (a) must be given to the Employer Company as soon as practicable (which may be a time after the leave has started); and (b) must advise the Employer Company of the period, or expected period, of the leave. (7) An Employee who has given their Employer Company notice of the taking of must, if required by the EmployerCompany, give the Employer Company evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in this clause.

Appears in 7 contracts

Samples: Greenfields Agreement, Greenfields Agreement, Greenfields Agreement

Family and Domestic Violence Leave. ‌ (1) This clause applies to all Employees, including casuals. (2) . In this clause: (a) family and domestic violence means violent, threatening threatening, or other abusive behaviour behavior by a family member of an Employee that seeks to coerce or control the Employee and that causes them harm or to be fearful. (b) family member means: (i) a spouse, de facto partner, child, parent, grandparent, grandchild grandchild, or sibling of the Employee; or (ii) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employeeEmployee; or (iii) a person related to the Employee according to Aboriginal or Xxxxxx Xxxxxx Islander kinship rules. (3) , An Employee is employee ls entitled to 10 ten (10) days' unpaid paid leave to deal with family and domestic violence, as follows: (a) the leave is available in full at the start of each 12-month period of the Employee's employment; and (b) the leave does not accumulate from year to year; and (c) is available in full to part-time and casual Employees. (4) Employees An Employee may take unpaid leave to deal with family and domestic violence if the Employee: (a) is experiencing family and domestic violence; and (b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the Employee to do that thing outside their ordinary hours of work. (5) . The time an Employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the Employee's continuity of service. (6a) An Employee must give their Employer notice of the taking of leave. The notice: (ab) must be given to the Employer as soon as practicable (which may be a time after the leave has started); and (bc) must advise the Employer of the period, or expected period, of the leave. (7) . An Employee who has given their Employer notice of the taking of must, if required by the Employer, give the Employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in this clause.

Appears in 1 contract

Samples: Enterprise Agreement

Family and Domestic Violence Leave. (1a) This clause applies to all Employees, including casuals. (2b) In this clause: (ai) family Family and domestic violence means is violent, threatening or other abusive behaviour by a family close relative of a person, a member of an Employee a person’s household, or a current or former intimate partner of a person, that seeks to coerce or control the Employee person and that causes them the person harm or to be fearful. (bc) Close relative means: (i) A person who is a member of the Employee’s immediate family; or (ii) A person who is related to the Employee according to Aboriginal or Xxxxxx Xxxxxx Islander kinship rules. (d) Immediate family member means: (i) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the Employee; or (ii) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee; or (iii) a person related to the Employee according to Aboriginal or Xxxxxx Xxxxxx Islander kinship rulesEmployee. (3e) An Employee is entitled to 10 ten (10) days' unpaid ’ paid leave to deal with family and domestic violence, as follows: (ai) the leave is available in full at the start of each 12-month period of the Employee's ’s employment; and (bii) the leave does not accumulate from year to year; and (ciii) is available in full to part-time and casual Employees. (4f) An Employee may take unpaid leave to deal with family and domestic violence if the Employee: (ai) is experiencing family and domestic violence; and (bii) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the Employee to do that thing outside their ordinary hours of work. (5g) The time an Employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the Employee's ’s continuity of service. (6h) An Employee must give their Employer notice of the taking of leave. The notice: (ai) must be given to the Employer as soon as practicable (which may be a time after the leave has started); and (bii) must advise the Employer of the period, or expected period, of the leave. (7i) An Employee who has given their Employer notice of the taking of this leave must, if required by the Employer, give the Employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in this clausesubclause 32(f).

Appears in 1 contract

Samples: Project Agreement

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Family and Domestic Violence Leave. (1) This clause applies to all Employees, including casuals. (2a) In this clause: (a) family and domestic violence means violentclause 42.0, threatening or other abusive behaviour by a family member of an Employee that seeks to coerce or control the Employee and that causes them harm or to be fearful. (b) family member means:following terms have the following meanings: Term Meaning (i) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling close relative A member of the Employee; or (ii) a child, parent, grandparent, grandchild ’s immediate family or sibling of a spouse or de facto partner of the employee; or (iii) a person who is related to the Employee according to Aboriginal or Xxxxxx Xxxxxx Islander kinship rules. (3ii) An Employee is family and domestic violence Violent, threatening or other abusive behaviour by a close relative of an employee, a member of an employee’s household, or a current or former intimate partner of an employee, that: • seeks to coerce or control the Employee; and • causes the employee harm or to be fearful. (iii) Family and Domestic Violence Leave Means both Statutory F&DV Leave and Additional F&DV Leave. (b) UNSW recognises that: (i) some Employees may experience situations of violence or abuse in their domestic life that may negatively affect their attendance or performance at work; and (ii) domestic violence includes physical, financial, verbal or emotional abuse by a current or former family or household member. (c) In accordance with the NES, Employees (including eligible Casual Employees) experiencing family and domestic violence are entitled to 10 days' unpaid leave to deal with days of paid family and domestic violence leave in each 12 month period of their employment (Statutory F&DV Leave). Statutory F&DV Leave is available in full to Part-time Employees and eligible Casual Employees. (d) To support Employees experiencing domestic violence, as follows:UNSW will provide Employees (other than Casual Employees) with access up to an additional 10 days’ paid family and domestic violence leave in each 12 month period of their employment with UNSW (Additional F&DV Leave), with such leave available for them to take in the same circumstances that Statutory F&DV Leave can be taken. Additional F&DV Leave is only available once an Employee has exhausted their entitlement to Statutory F&DV Leave. (ae) The Additional F&DV Leave is subject to the leave same terms as apply under the Act to Statutory F&DV Leave (excluding those terms that apply to Casual Employees) and, for clarity, is available in full at the start of each 12-12 month period of the Employee's ’s employment; and (b) the leave , does not accumulate from year to year; and (c) year and is available in full to part-time and casual Employeesnot paid out on termination. (4f) An Employee may take unpaid leave UNSW will also offer the following support to deal with family and domestic violence if the Employee: Employees (aincluding Casual Employees) is experiencing family and domestic violence: (i) flexible work arrangements, including changes to working times consistent with the needs of the work unit and with appropriate regard to the health and safety of staff; and (bii) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the Employee to do that thing outside their ordinary hours of workchanging work location, telephone number or email address. (5g) The time an Employee is on unpaid leave to deal with family Any Family and domestic violence does not count Domestic Violence Leave may be taken as service but does not break the Employee's continuity consecutive days or single days or as a fraction of servicea day. (6) An Employee must give their Employer notice of the taking of leave. The notice: (a) must be given to the Employer as soon as practicable (which may be a time after the leave has started); and (b) must advise the Employer of the period, or expected period, of the leave. (7h) An Employee who has given their Employer notice of the taking of mustis supporting a person experiencing domestic violence, and who requires time off work for that purpose, may request unpaid leave and/or may access personal leave under clause 40.0 (Personal Leave) or witness leave under subclause 46.0, if required by those clauses apply to the Employer, give the Employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in this clausespecific circumstances.

Appears in 1 contract

Samples: Enterprise Agreement

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