Family Violence — Information for Employees

Leave

Leave entitlements

The Department provides up to 20 days paid leave within a 12 month period for employees affected by family violence, additional to any other paid leave entitlements of the employee. This leave is not cumulative, however if the leave is exhausted and the employee continues to be affected by family violence, consideration will be given to providing additional leave.

While not limited to the circumstances below, paid leave would generally be approved to:

• support an employee’s health and wellbeing that may be adversely affected as a result of family violence
• enable attendance at medical appointments related to an incident of family violence
• enable attendance at appointments for professional support services the employee is accessing
• enable attendance at court hearings or other attendances necessary due to the family violence
• provide time for relocation activities related to family violence

Employees experiencing family violence may also apply for other leave, both paid and unpaid, such as annual leave, additional paid leave (education support class), personal leave, long service leave or leave without pay, for family violence purposes. Applications for other forms of leave should be made in accordance with the relevant policy.

Casual employees are entitled to access leave without pay for family violence purposes.

It is intended that the entitlement to family violence leave is for employees who experience family violence, and not for employees who may be perpetrating family violence.

If the employee is uncomfortable speaking to their principal or manager about their reasons for applying for leave, advice and assistance can be sought from People Services or Workplace Contact Officers.

Leave applications

Applications for family violence leave made because an employee is experiencing family violence must be treated with understanding, sensitivity and confidentiality. Leave may be taken as consecutive or single days or as a fraction of a day and can be taken without prior approval.

Provision of any relevant information held by an employee can assist the Department in providing the most appropriate support available. Where possible, the intention to take leave should be included in the Workplace Support Plan developed with an employee.

Where the employee cannot provide prior notice of the leave, they must advise their principal or manager or a more senior manager as soon as practicable and submit their leave application immediately on return to duty, together with the required documentation supporting the absence.

Teaching service applications

The following applies in relation to applications for family violence leave from teaching service employees.

• where possible the employee should discuss their leave intentions with the principal or more senior manager (for example, Regional Director)
• following discussion with either the principal or more senior manager, the employee should complete and submit the family violence leave application to their principal or more senior manager, who must ensure the application is submitted to the Manager, Schools People Services for approval, as principals do not have the delegation to approve family violence leave
• relevant documentation to support the leave application must be provided
• if for any reason the employee is uncomfortable speaking to their principal or a more senior manager about their reasons for applying for leave, they may send their application directly to the Manager, Schools People Services. In this case it may be necessary for the Manager, Schools People Services to contact the principal regarding the leave
• the family violence leave application form is available on the Resources tab

Public service applications

The following applies in relation to applications for family violence leave from public service employees.

• the employee should discuss their leave intentions with their manager or a more senior manager
• following discussion with either the manager or more senior manager, the employee should complete and submit the family violence leave application to their Executive Director or Regional Director or higher delegate (for example, Assistant Deputy Secretary or Deputy Secretary). Delegates below Executive Director level do not have the delegation to approve family violence leave
• applications for family violence leave must be approved by an Executive Director or Regional Director or a higher level delegate. The approver of the application is responsible for progressing the family violence leave application to the Manager, Corporate People Services
• the Manager, Corporate People Services is responsible for reviewing and processing all public service family violence leave requests
• relevant documentation to support the leave application must be provided
• it may be necessary for the Manager, Corporate People Services or the leave approver to contact the employee’s manager regarding the leave
• the family violence leave application form is available on the Resources tab

Evidence

Where an employee is disclosing experience of family violence and is seeking to take leave, the employee will be required to provide suitable evidence. This may take the form of a statutory declaration or a document indicating the employee is experiencing family violence, issued by one of the following:

• Victoria Police or another police service
• a Court
• a general practitioner, nurse, a district nurse or other registered health practitioner
• a family violence support service
• a maternal and child health nurse
• a lawyer

Evidence must be provided for each family violence leave application.