Here is our take on this situation.

We won't be automating anything in relation to the creation of the leave type or managing any rules around it. 

If you wish to track this as a separate leave type then you will need to ensure your staff and approvers are aware of how it should work.

We would suggest you just make a copy of the existing "unpaid leave" sub type and name as you see fit if you wish to track this.  Please ensure you check any settings in relation to display and access via ESS. 

Given the nature of what it relates to and the rarity that we think it would be requested, we would advocate that internal communication between only the relevant parties and using the existing generic "unpaid leave" sub type would be a more suitable and discreet way of managing this. 

Here is what TAPS ( have to say about it.

NEW unpaid family & domestic violence leave entitlement in awards

From the first full pay period on or after 1 August 2018, most employees can take unpaid leave to deal with family and domestic violence, following a Fair Work Commission decision .

The Fair Work Commission will soon be updating all industry and occupation awards to include a new clause allowing employees to take unpaid leave to deal with family and domestic violence. This new clause will apply from the first full pay period on or after 1 August 2018.

Who does it apply to?

The new entitlement applies to all employees covered by an industry or occupation award.

It doesn't apply to employees who are:

  • covered by Enterprise awards
  • covered by State reference public sector awards
  • covered by enterprise and other registered agreements
  • award and agreement free.

What's the new entitlement?

Employees covered by an award with the new clause are entitled to 5 days of unpaid family and domestic violence leave each year. Family and domestic violence means violent, threatening or other abusive behaviour by an employee's family member that:

  • seeks to coerce or control the employee
  • causes them harm or fear.

Employees can take the leave if they need to deal with the impact of family and domestic violence and it's impractical to do so outside their ordinary hours of work.

Where can I find more information?

Click here to go to the Fair Work website and read the Family and domestic violence leave section for information about the new clause, including details about:

  • who it does and doesn't apply to
  • when and how the leave can be taken
  • notice and evidence requirements.

Click on the link to read about the final determination on the Fair Work Commission's family and domestic violence clause website page