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FAIR WORK ACT 2009 - SECT 106B Taking paid family and domestic violence leave

FAIR WORK ACT 2009 - SECT 106B

Taking paid family and domestic violence leave

  (1)   The employee may take paid family and domestic violence leave if:

  (a)   the employee is experiencing family and domestic violence; and

  (b)   the employee needs to do something to deal with the impact of the family and domestic violence; and

  (c)   it is impractical for the employee to do that thing outside the employee's work hours.

Note 1:   Examples of actions, by an employee who is experiencing family and domestic violence, that could be covered by paragraph   (b) include arranging for the safety of the employee or a close relative (including relocation), attending court hearings, accessing police services, attending counselling and attending appointments with medical, financial or legal professionals.

Note 2:   The notice and evidence requirements of section   107 must be complied with.

  (2)   Family and domestic violence is violent, threatening or other abusive behaviour by a close relative of a person , a member of a person's household, or a current or former intimate partner of a person, that:

  (a)   seeks to coerce or control the person; and

  (b)   causes the person harm or to be fearful.

  (3)   A close relative of a person is another person who:

  (a)   is a member of the first person's immediate family; or

  (b)   is related to the first person according to Aboriginal or Torres Strait Islander kinship rules.

Note:   Immediate family is defined in section   12.

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