106Payment for compassionate leave (other than for casual employees)

106  Payment for compassionate leave (other than for casual employees)   If, in accordance with this Subdivision, an employee, other than a casual employee, takes a period of compassionate leave, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period. Note: For casual employees, compassionate leave is unpaid leave. Subdivision CA—Paid family and domestic violence leave 106A  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. 106B  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. 106BA  Payment for paid family and domestic violence leave  (1) If, in accordance with this Subdivision, an employee takes a period of paid family and domestic violence leave, the employer must pay the employee, in relation to the period:  (a) for an employee other than a casual employee—at the employee’s full rate of pay, worked out as if the employee had not taken the period of leave; or  (b) for a casual employee—at the employee’s full rate of pay, worked out as if the employee had worked the hours in the period for which the employee was rostered.  (2) Without limiting paragraph (1)(b), an employee is taken to have been rostered to work hours in a period if the employee has accepted an offer by the employer of work for those hours.  (3) Paragraph (1)(b) does not prevent a casual employee from taking a period of paid family and domestic violence leave that does not include hours for which the employee is rostered to work. However, the employer is not required to pay the employee in relation to such a period.