A union won entitlement that saves lives – but how well do you know the details? This 16 Days of Activism Against Gender Based Violence we want to encourage you to step up to be a workplace activist! There are so many things every worker can do to get the information needed to make work safer and get organised to end gendered violence at work. There are some tips, a checklist and conversation starters at the end of this blog, and links to other topics! Let's get active to end violence.
Family violence is a workplace issue, and when we organise and fight together, we can win real changes to help combat this violence. In 2022, unions won a significant victory by securing Family and Domestic Violence (FDV) leave as a national standard for all workers. This entitlement is lifesaving, providing those experiencing family and domestic violence with the time they need to get support without risking their jobs and financial security.
However, the recent Independent Review of FDV leave has found that while this new union-won entitlement is working positively for those who have used it, FDV leave is under-utilised due in part to a lack of worker and employer awareness of the entitlement.
We can change that!
What is FDV Leave?
FDV leave allows workers experiencing violence from a close relative, partner, or household member access to up to 10 days of paid leave per year. This leave is designed to help workers manage the impact of family and domestic violence and can be used for a range of reasons such as attending court hearings, accessing medical or legal services, attending house inspections, arranging care or schooling for children, or seeking support from a counsellor or social worker.
Who can use it?
FDV leave is available to all workers- full-time, part-time, and casual, so workers in all forms of employment are protected. Family and domestic violence does not discriminate based on job type, and everyone deserves access to workplace support when experiencing violence. FDV leave is not applied on a pro-rata basis, so all employees, including part-time and casual workers, are entitled to the full 10 days of leave annually.
FDV leave is accessible from day one of employment and can be used immediately if needed. You do not have to wait to accrue it (like annual leave and sick leave) and the 10 days resets each 12 months on your anniversary date.
FDV leave is paid at a worker’s actual rate of pay, meaning workers don’t lose out financially when accessing this leave and there is no drop or change in pay when you access it that may appear unusual. This is important for anyone experiencing violence. Casual employees can access the paid leave for shifts that have been offered and accepted by them.
Employers are required to keep information about an employee’s use of FDV leave confidential. This means the details of why an employee is accessing the leave won't appear on pay slips. This is important to ensure and maintain the safety of the worker impacted.
Union Won!
This entitlement didn’t appear overnight. It started because one union delegate put it on the table at their workplace and got it into their enterprise agreement- and it grew from there across workplaces, unions and industries. Collective action and years of campaigning by workers in union who recognised that family and domestic violence is a workplace issue, allowed this leave entitlement to become enshrined as a national standard. FDV leave is proof that when we come together and fight, we can make lifesaving changes that protect and support workers.
Action:
We all have a role to play to ensure every worker knows about FDV leave and can use it if and when they need to. Take our activist checklist and start a workplace conversation – can you answer all the questions?
Activist checklist:
- Does everyone in your workplace know they can access FDV leave? What about casual employees?
- Do you know if your workplace has a policy about FDV leave? Some workplaces might provide better entitlements than the national standard.
- Do you know who to contact at your workplace or union if a co-worker needed support to access FDV leave?
- Family and domestic violence can also come to work – and may put the victim-survivor and other workers at risk. Has your workplace done a risk assessment and does it have a workplace safety plan that includes how they will respond to family and domestic violence?
- Do you need more training on family and domestic violence leave? Make an inquiry.
Check out our other 16 Days of Activism - How to be a Workplace Activist Workplace Checklists and Conversation Starters:
Right to family and domestic violence leave
Stopping work-related gender-based violence
Ending sexual harassment - the positive duty