Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 52

52 Entitlement to domestic and family violence leave

(1) An employee, including a casual employee, is entitled to 10 days of domestic and family violence leave on full pay in a year if—

(a) the employee has experienced domestic violence; and

(b) the employee needs to take domestic and family violence leave as a result of the domestic violence.

(2) Without limiting subsection (1) , the employee may need to take domestic and family violence leave if the employee is—

(a) recovering from an injury caused by the violence; or

(b) attending an appointment related to the violence, including an appointment to attend counselling, to obtain legal advice, for medical treatment or with police officers; or

(c) preparing for a court appearance related to the violence; or

(d) attending court for a proceeding related to the violence; or

(e) finding housing that is necessary because of the violence; or

(f) organising child care or the education of a child that is necessary because of the violence.

(3) If an employee has exhausted the entitlement under subsection (1) the employee may, with the employer’s agreement, take additional days of unpaid domestic and family violence leave.

(4) Domestic and family violence leave may be taken for part of a day.

(5) An employee’s entitlement to domestic and family violence leave under subsection (1) does not accumulate from year to year.

(6) The employer must not fail to re-engage a casual employee only because the employee has taken domestic and family violence leave.

(7) In this section—

"day" , for an employee mentioned in subsection (1) who is paid on the basis of the number of hours worked, means one-fifth of the number of the employee’s ordinary hours of work for a week, averaged over each completed 6 weeks of employment with the employer.