LEAVEFORDOMESTICVIOLENCEPURPOSESADVICEINTHEACTPUBLICSERVICE
PURPOSE
1.The purpose ofthis Advice istoprovideguidance todelegatesandHRpractitioners on key processes
thatapplytoleavefor domestic violencepurposes asprovided inACTPS enterprise agreements.
BACKGROUND
2.Leavefor domestic violencepurposes was included asa formal entitlement inACTPS enterprise agreements,effective from 2013,toreflect heightened communityunderstanding ofthissignificantsocialproblemandtoappropriatelysupportour employees toengage withspecialist supportservicesto resolve or escapethisform ofviolence.
3.Leavefor domestic violencepurposesisnot asubstitute for personal leavewhichappropriatelysupportsACTPS employees experiencing domestic andfamilyviolencein meeting injury andmedicallyrelatedabsence from the workplace.
ISSUES
LeaveEligibilityandEntitlement
4.Allemployees,includingcasualemployees,areeligibletotakeleavefordomesticviolencepurposessolongas
prescribedentitlementandevidentiaryconditionsaremet.
5.An employee experiencing domestic violencewillhaveaccess to a maximumof20 days/shifts percalendaryearpaidleave.
6.Permanentfull-timeand part-time employees areentitled topaidleavefor domestic violencepurposes.
7.Whilecasual employees are entitled to access leavefordomestic violencepurposestheyarenot entitled topaymentforthatleave.
Applications for Leave
8.Delegateapprovalforcasualsto access leave withoutpayisrequired. However no formalleaveapplicationisrequiredtobe submitted toSharedServices.
9.Approved applicationsforpaidleavefor domesticviolencepurposesaretobe submitted toSharedServices on anapplicationforleave form requesting
‘other’ leave with a stated reasonof‘leavenot providedfor elsewhere with pay’ selected.
10.Under no circumstances isany evidence or supportingdocumentationtoaccompany the leaveapplicationsubmitted toSharedServices.
Evidentiary Requirements
11.Evidenceforthisleavemayinclude:
•a documentissued by the Police;
•a written referral, issued by a registered medicalpractitioner or registered nurse, to a counsellortrained inprovidingsupportin domestic andfamilyviolencesituations;
•a documentissued by a Court, or a counsellortrained inprovidingsupportto people experiencingthe effectsof domestic andfamilyviolence; or
•writtenconfirmation from anEmployeeAssistanceProgramprovider or from a domestic andfamilyviolencesupportservicethat the employee isexperiencing domestic andfamilyviolenceissues.
12.Where supporting documentationisnotimmediatelyavailable upon application the delegatemay grantpaidleaveunder personal leaveinextraordinaryandunforeseen circumstances, subject toavailable credit.If the employee subsequently produces supportingdocumentation, the personal leavewillbe re-creditedand the leave taken willbe converted topaidleavefordomestic violencepurposes.
13.Retrospective applicationsmaybeapproved providedthat supporting documentationis provided as soon asreasonably practicable. In some situations, theevidence requiredtosubmitanapplicationmayonlybecome availableoncean employee takes leavefordomestic violencepurposes.Forexample,Janemayneedtotaketwodaysleaveto attend courtand herlocal police station in order toobtain evidence of aprotection order andpolice statement.
14.Itis the responsibility of the delegate who hasbeenapproached toapprove the leaveapplicationtoensurethatthey view the supporting documentation as soonas practicable after the leaveperiodhasbeen taken.
15.Should the delegateapproving the leavebe presentedwith a statutorydeclarationinisolation,itshouldbenotedthat evidentiary requirements underthisleavetype were draftedin such a way as toencourage victimstoengage with specialist supportservices. A statutorydeclarationinisolation(or a seriesofthem)willgenerallynotcount as sufficient evidence. However,itiscritical that the specific context and complexity of thecircumstances surroundingapplicationsforleavefordomestic violencepurposesbe considered sensitivelyon a case by case basis. Forexample,itmayacceptableforan employee toprovide a courtdocumentforaninitialleavefor domestic violencepurposesapplicationandsupplementthis evidence with statutorydeclarationsfor future applications.
16.If the employee provides evidence that demonstratesthattheywillberequiredto attend multipleappointments or counsellingover a continuousperiodoftime, e.g. eachMondayfor the nexttwo months, then this evidence shouldbe sufficient toapproveleaveapplicationsforthatentireperiod.
Confidentiality Requirements
17.The employee and/or their representative mustbeadvisedofACTPSexpectations pertaining to
confidentialityand record keepingat the time theyapplyforleavefor domestic violencepurposes.
18.The delegate who hasbeen approached by theemployee or their representative regarding a leaveapplicationwillbe the sole individual who will viewthe supporting documentation pertaining toleaveapplications.
19.Having viewed the supporting documentation thedelegatewillimmediately return the documentationtothe affected employee who will safely retainitfor thecalendaryear.
20.There maybe instances where a branch or divisionHeadis approached rather than the usualdelegate orlinemanager.Inthese circumstances the branch ordivisionHeadwillinform the linemanagerthat otherleavehasbeenapproved with a stated reasonofleavenot provided for elsewhere with pay.
21.Under no circumstances is the delegate who hasbeen approached with a leavefor domestic violencepurposesapplicationtoshareits details with othercolleagues without the explicit permission of the
employee, unless there isan identified threat or safetyconcern to other employees in the business unit.
22.Itis the responsibility of the delegate who isapproached by the affected employee or theirrepresentative with the leaveapplication(s)to keep aconfidentialandaccurate record of the numberofdays/shifts taken as leavefor domestic violencepurposesagainst the employee’s entitlement over the calendaryear.
23.In the event that the employee moves to a new position,or where their delegation/reporting lineshavechanged,the employee isrequiredtoconsider who theywouldfeel comfortable approachingtoapprove futureapplicationsforleavefor domestic violencepurposes.
24.If the delegate who hasapprovedleavefor domesticviolencepurposesover the course of a calendaryearistomove elsewhere in the ACTPS, or istoleave theACTPS, they must provide the record of the numberofdays/shifts taken against the employee’s entitlementover the calendaryearto another delegate who hasbeennominated by the affected employee.
OtherConsiderations
25.There is no expectationforan employee toprovidedocumentary evidence when theyare supportinganother person experiencing domestic violence whenapplyingfor personal leaveinextraordinaryandunforeseen circumstances.
REFERENCE
26.The key referenceforthis advice is:
•LeaveforDomestic Violence Purposes (as providedinACTPS enterprise agreements).
Bronwen Overton-ClarkeCommissioner forPublicAdministrationon behalfofKathyLeigh,HeadofService
8 August 2016
iiACTPS Leave for Domestic Violence Purposes Advice