Domestic violence leave and breaches of privacy

Public news

Last year, the Fair Work Commission introduced a new entitlement in modern awards in relation to unpaid family and domestic violence leave.

The leave can be taken by employees to deal with the impact of family and domestic violence. This includes (but isn’t limited to) taking time to:

  • make arrangements for their safety, or the safety of a family member
  • attend court hearings
  • access police services

However, employers are being warned that if staff records are not kept confidential, employers could face privacy breaches and potential liability for discrimination if employees are not granted at least five days of unpaid domestic violence leave.

Breaches could relate to information in regards to payroll, record keeping or an employee’s safety.

Sharing information should only be on a ‘need to know’ basis and only with the employee’s consent.

Managers are advised that record keeping needs be carefully managed to ensure confidentiality.

If you have any questions in regards to the confidentiality of an employee’s situation, please call the MTA’s Workplace Relations team for immediate advice by calling 8291 2000. You can email the team by clicking here.