Section 106A — Fair Work Act 2009: Entitlement to paid family and domestic violence leave

(1) An employee is entitled to 10 days of paid family and domestic violence leave in a 12 month period. (2) Paid 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), if an 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; the start of the employee’s employment is taken to be the start of the employee’s first employment with that employer. (4) The employee may take paid family and domestic violence leave as: (a) a single continuous 10 day period; or (b) separate periods of one or more days each; or (c) any separate periods to which the employee and the employer agree, including periods of less than one day. (5) To avoid doubt, this section does not prevent the employee and the employer agreeing that the employee may take paid or unpaid leave in addition to the entitlement in subsection (1) to deal with the impact of family and domestic violence.