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 ▇▇▇▇▇▇ ▇▇▇▇▇▇ 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 17 contracts

Sources: 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 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 ▇▇▇▇▇▇ ▇▇▇▇▇▇ 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

Sources: Greenfields Agreement, Greenfields Agreement, Greenfields 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 ▇▇▇▇▇▇ ▇▇▇▇▇▇ 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 ▇▇▇▇▇▇ ▇▇▇▇▇▇ 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

Sources: Project 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 ▇▇▇▇▇▇ ▇▇▇▇▇▇ 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 ▇▇▇▇▇▇ ▇▇▇▇▇▇ 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 paid 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 paid 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 311(f).

Appears in 1 contract

Sources: BHP Port Program Project 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 ▇▇▇▇▇▇ ▇▇▇▇▇▇ 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

Sources: Enterprise 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 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 ▇▇▇▇▇▇ ▇▇▇▇▇▇ 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 up to 10 days’ paid leave to deal with family and domestic violence issues 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. (5b) The time an Employee leave: (i) is on unpaid leave to deal with family and domestic violence does not count as service but does not break available in full at the start of each 12-month period of the Employee's continuity of service’s employment. (6ii) An Employee does not accumulate from year to year; and (iii) is available in full to part-time and casual Employees. (c) Employees must give their Employer notice of notify the taking of leaveCompany if they will be absent from work. The noticenotification: (ai) must be given to the Employer as soon as reasonably 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. (7d) An Employee who has given their Employer the Company notice of the taking of leave under this clause 35 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 clause 35(a). Such evidence may include a document issued by the police service, a court or a family violence support service, or a statutory declaration. (e) The Company will take steps to ensure information concerning any notice an Employee has given, or evidence an Employee has provided, under clauses 35(c) and 35(d) respectively, is treated confidentially, as far as it is reasonably practicable to do so. However, this clausedoes not prevent the Company from disclosing information provided by an Employee if the disclosure is required by law or is necessary to protect the life, health or safety of the Employee or another person. (f) For the avoidance of doubt, the time an Employee is on unpaid lead to deal with family and domestic violence does not count as service but does not break the Employee’s continuity of service.

Appears in 1 contract

Sources: Enterprise 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 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 ▇▇▇▇▇▇ ▇▇▇▇▇▇ 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 1 contract

Sources: Greenfields Agreement