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Communtity Law Manual | Family violence & elder abuse | Special employment rights and protections when there’s family violence

Special employment rights and protections when there’s family violence

Overview

Note: The employment protections explained in this section were introduced in April 2019.

Special leave from your job

Holidays Act 2003, ss 72A-72J

In general, once you’ve been in your job for six months you have the right to take up to 10 days’ paid leave in any one year to help you deal with the effects of family (domestic) violence. For more information, see the chapter “Employment conditions and protections”.

Flexible work arrangements for short periods

Employment Relations Act 2000, Part 6AB

As a victim of family violence you have a special right to ask your employer for short-term flexibility in your work arrangements for when and where you work. Your employer can refuse only if they can’t reasonably accommodate the changes you need. For more information, see the chapter “Employment conditions and protections”.

Protection against unfair treatment by your boss

Employment Relations Act 2000, s 103(1)(da); Human Rights Act 1993, s 62A

If you’re treated unfairly by your boss because you’re a victim of family violence, you may be able to take a personal grievance against them (see the chapter “Resolving employment problems”), or complain to the Human Rights Commission (see the chapter “Discrimination”).

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