Understand family violence leave entitlements

Managers need to understand the family violence leave entitlements available to their staff.

All Victorian nurses, midwives and personal care workers, have access to family violence leave. The number of days, of paid or unpaid leave, depends on the place of work and the Award or enterprise agreement that covers their employment.

Family violence leave can be used to attend counselling and medical appointments, legal proceedings or appointments. It can also be used for other related activities such as finding alternative accommodation.

Entitlements include:

• From 1 February 2023 the National Employment Standard or NES entitlements is up to 10 paid family violence leave days per annum for all employees from 1 February 2023 (if you work for a small employer of 15 or less employees see below). The amount of paid leave is the same, whether you are full time, part time or casual. This leave renews in full at the start of each year of your employment but does not accumulate from year-to-year.
• If you work for a small employer of 15 or less employees, such as a medical clinic, the NES entitlement of up to 10 paid family violence leave days per annum will apply from 1 August 2023. Until then these employees can access the NES standard of five unpaid family violence days each year. 
• Permanent full-time Victorian public sector nurses, midwives and mental health nurses have an entitlement of 20 paid family violence leave days each year. This leave is available on a pro-rata basis for part-time employees. Bank or casual nurses and midwives have access to the NES entitlement. Family violence leave is not cumulative. If leave is exhausted, the agreement states special consideration should be given to providing additional leave.
• Most private acute employers have a paid family violence leave entitlement. Many enterprise agreements now have 10 paid days each year.
• Smaller workplaces such as a medical clinic will at least have the five days included National Employment Standard.