26 September 2023

Family violence leave now available for NSWPS

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NSW Public Servants can now access double the amount of paid domestic and family violence leave for each calendar year following the issue of a Memorandum by the Department of Premier and Cabinet (DPC).

In Memorandum 2022-13 Support for Employees Experiencing Domestic and Family Violence, DPC says PS employees, including casual employees, can now access up to 20 days paid domestic and family violence leave per calendar year. It is non-cumulative.

The Department said the leave could be taken in part-days, single days, or consecutive days.

“The workplace can make a significant difference to employees experiencing domestic and family violence by providing appropriate safety and support measures,” it said.

“Fostering a workplace culture where employees experiencing domestic and family violence are supported at work while also having access to adequate leave contributes to a health and safe working environment for all.”

It said the leave could be taken without the need to exhaust other existing leave entitlements first, and did not have to be approved before an employee could access the leave, “but an employee should advise their employer as soon as possible of the need to take such leave”.

The Department said that when approving the leave, an Agency needed to be satisfied on reasonable grounds that domestic and family violence had occurred, and may require evidence such as a document issued by the Police Force, a court, a domestic violence support service or a member of the legal profession; a medical certificate; a statutory declaration by the employee experiencing domestic and family violence; or any other evidence that would satisfy a reasonable person.

“Approving managers should use their discretion when assessing whether evidence, or what type of evidence, is required to satisfy them that domestic and family violence has occurred and should only require evidence in exceptional circumstances,” DPC said.

M2022-13 supersedes M2018-03 Support for Employees Experiencing Domestic and Family Violence which provided for 10 days of paid domestic and family violence leave.

M2022-13 can be accessed at this PS News link.

Support for people impacted by the issues discussed in this article is available from 1800RESPECT on 1800 737 732 and Lifeline on 13 11 14.

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