Union win - Domestic and Family Violence leave increased! - Public Service Association

Union win – Domestic and Family Violence leave increased!

Public sector employees (including casuals) are now entitled to 20 days per calendar year (non-cumulative) Domestic and Family Violence (DFV) leave, which can be taken in part days, single days, or consecutive days. This is a significant increase to the previous entitlement of 10 days per calendar year.

Your union has long been at the forefront of the fight for better support for workers needing to escape domestic and family violence and the PSA and its sister federal union the Community and Public Sector Union (State Public Sector Federation Group) were the first union to secure, in a collective agreement, the right for paid Domestic Violence Leave at the University of NSW in 2011.

This entitlement has since been increased in several institutions and public sector agencies and was eventually implemented in the Crown Employees Conditions Award as five days Domestic and Family Violence (DFV) leave.

In 2018 the union made representations to the Government which had this extended to 10 days paid leave through the Premier’s Public Service Determination 2018-03 Support for Employees Experiencing DFV.

This year, Federal Parliament passed a bill that enshrined 10 days paid DFV Leave as a workplace right for every worker in Australia in the National Employment Standards. This would not have come about without the previous decade of campaigning by the union movement and activists.

Further advocacy from your union led to the announcement in September last year that the NSW Government has extended family and domestic violence leave provisions to 20 days paid leave per calendar year from 1 January 2023, including casual workers.

The leave is not pro-rated for part time and casual employees. Casual employees can access the leave for any shifts already rostered for that they cannot attend due to domestic and family violence.

Pre-approval is not required to access the leave and there is no requirement to exhaust other leave types before accessing DFV leave.

DFV leave should be paid at the full rate of pay the employee would be paid had they not accessed leave, and no adverse action should be taken due to the need to take DFV leave.

You can access the determination and Premiers memorandum here:

Industrial Relations Secretary Determination No. 5 of 2022 – Support for Employees Experiencing Domestic and Family Violence

M2022-13 Support for Employees Experiencing Domestic and Family Violence

If you or someone you know need any support or further information about domestic and family violence, remember you can access this through our PSA website:

Domestic Violence – Public Service Association (psa.asn.au)

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