Section 106B — Fair Work Act 2009: Taking paid family and domestic violence leave

(1) The employee may take paid 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 work hours. Note 1: Examples of actions, by an employee who is experiencing family and domestic violence, that could be covered by paragraph (b) include arranging for the safety of the employee or a close relative (including relocation), attending court hearings, accessing police services, attending counselling and attending appointments with medical, financial or legal professionals. Note 2: The notice and evidence requirements of section 107 must be complied with. (2) Family and domestic violence is violent, threatening or other abusive behaviour by a close relative of a person, a member of a person’s household, or a current or former intimate partner of a person, that: (a) seeks to coerce or control the person; and (b) causes the person harm or to be fearful. (3) A close relative of a person is another person who: (a) is a member of the first person’s immediate family; or (b) is related to the first person according to Aboriginal or Torres Strait Islander kinship rules. Note: Immediate family is defined in section 12.