Western Australian Numbered Acts

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT 2021 (NO. 30 OF 2021) - SECT 117

117 .         Part 4 Division 7 inserted

                At the end of Part 4 insert:

Division 7 — Unpaid family and domestic violence leave

39A.         Terms used

                In this Division —

        family and domestic violence means family violence as defined in the Restraining Orders Act 1997 section 5A(1);

        family and domestic violence leave means leave required for reasons relating to family and domestic violence.

39B.         Entitlement to unpaid family and domestic violence leave

        (1)         An employee is entitled to 5 days of unpaid family and domestic violence leave in a 12-month period.

        (2)         Unpaid family and domestic violence leave —

            (a)         is available in full at the start of each 12-month period of the employee’s employment; and

            (b)         does not accumulate from year to year; and

            (c)         is available in full to part-time and casual employees.

        (3)         For the purposes of subsection (2), the start of an employee’s employment is taken to be the start of the employee’s first employment with that employer if the employee is employed by a particular employer —

            (a)         as a casual employee; or

            (b)         for a specified period of time, for a specified task or for the duration of a specified season.

        (4)         The employee may take unpaid family and domestic violence leave as —

            (a)         a single continuous 5 day period; or

            (b)         separate periods of 1 or more days each; or

            (c)         any separate periods to which the employee and the employer agree, including periods of less than 1 day.

        (5)         Unpaid family and domestic violence leave can only be taken in accordance with section 39C.

        (6)         Nothing in this section prevents the employee and the employer agreeing that the employee may take more than 5 days of unpaid leave to deal with the impact of family and domestic violence.

39C.         Taking unpaid family and domestic violence leave

                The employee may take unpaid 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 ordinary hours of work.

39D.         Employee to prove entitlements to unpaid family and domestic violence leave

                An employee who claims to be entitled to unpaid family and domestic violence leave under this Division must, if required by the employer, provide to the employer evidence that would satisfy a reasonable person of the entitlement.

39E.         Confidentiality

        (1)         Employers must take steps to ensure information concerning any notice or evidence an employee has given of the employee taking leave under this Division is treated confidentially, as far as it is reasonably practicable to do so.

        (2)         Nothing in this Division prevents an employer from disclosing information provided by an employee if the disclosure is required by a written law or is necessary to protect the life, health or safety of the employee or another person.