needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work. Note: The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation), attending urgent court hearings, or accessing police services. 37A.5 Service and continuity The time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the continuity of service. employee’s 37A.6 Notice and evidence requirements Notice An employee must give their employer notice of the taking of leave by the employee under clause 37A. The notice: must be given to the employer as soon as practicable (which may be a time after the leave has started); and must advise the employer of the period, or expected period, of the leave. Evidence An employee who has given their employer notice of the taking of leave under clause 37A must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 37A.4. Note: Depending on the circumstances such evidence may include a document issued by the police service, a court or a family violence support service, or a statutory declaration. 37A.7 Confidentiality Employers must take steps to ensure information concerning any notice an employee has given, or evidence an employee has provided under clause 37A.6 is treated confidentially, as far as it is reasonably practicable to do so. Nothing in clause 37A prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life, health or safety of the employee or another person. Note: Information concerning an experience of family and domestic employee’s violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information. 37A.8 Compliance An employee is not entitled to take leave under clause 37A unless the employee complies with clause 37A.
needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work. Note: The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation), attending urgent court hearings, or accessing police services. 37A.5 Service and continuity The time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the employee’s continuity of service. 37A.6 Notice and evidence requirements Notice An employee must give their employer notice of the taking of leave by the employee under clause 37A. The notice: must be given to the employer as soon as practicable (which may be a time after the leave has started); and must advise the employer of the period, or expected period, of the leave. Evidence An employee who has given their employer notice of the taking of leave under clause 37A must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 37A.4. Note: Depending on the circumstances such evidence may include a document issued by the police service, a court or a family violence support service, or a statutory declaration. 37A.7 Confidentiality Employers must take steps to ensure information concerning any notice an employee has given, or evidence an employee has provided under clause 37A.6 is treated confidentially, as far as it is reasonably practicable to do so. Nothing in clause 37A prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life, health or safety of the employee or another person. Note: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information. 37A.8 Compliance An employee is not entitled to take leave under clause 37A unless the employee complies with clause 37A.