Domestic or sexual violence leave pay the first five

Domestic or sexual violence leave pay
The first five days of domestic or sexual violence leave taken in a calendar year must be paid. The rest are
unpaid. The first five days are to be paid whether the employee takes leave from the 15-week entitlement, or the
10-day entitlement.
Domestic or sexual violence pay – what is it and when is it payable?
For domestic or sexual violence leave pay, an employee is generally entitled to be paid what they would have
earned had they been at work and not taken the leave. If the employee is paid fully or partly by a performance-
related method (like commission only, commission plus salary, commission plus hourly rate, or piece work) then
they must be paid the greater of their hourly rate, or the applicable minimum wage for the time at work they
missed because they were on domestic or sexual violence leave.
If the employee missed part of a day to take the leave, the employee would be entitled to be paid any wages they
actually earned during the time they were at work in addition to domestic or sexual violence leave pay.
Example:
Chantelle usually works eight hours a day from 9:00am to 5:00pm. If she takes two hours off as domestic or
sexual violence leave to attend a medical appointment, she will be entitled to two hours of domestic or sexual
violence leave pay, and six hours of regular earnings for the time she spent at work. The employer may count the
two hours of leave as an entire day of domestic or sexual violence leave and deduct it from Chantelle’s
entitlement to domestic or sexual violence leave for the year.
Calculating domestic or sexual violence pay
There are different ways to calculate domestic or sexual violence pay, depending on how the employee is paid,
and whether the employee took a full day or part of a day of leave.
Employees who are paid by an hourly rate
Domestic or sexual violence pay is the hourly rate x the number of hours the employee did not work because
they took the leave
Example 1:
Naila is paid $16.00/hour and missed a full day of work to take domestic or sexual violence leave. She was
scheduled to work nine hours. Domestic or sexual violence leave pay: $16.00 x. 9 = $144.00
Example 2:
Paulo is paid $17.50/hour and missed the first 2.5 hours of his shift to take domestic or sexual violence leave. He
normally works 8 hours in a day.

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Domestic or sexual violence leave pay: $17.50 x 2.5 = $43.75 (in addition to regular earnings for the hours he
worked during the rest of the day).
Employees who are paid a salary
For an employee paid by salary, paying domestic or sexual violence is generally equal to salary continuance.
If the employee took leave for a full day: salary ÷ number of days in pay period
Example:
Theresa is paid $1500.00 per bi-weekly pay period and works a five day week. Domestic or sexual violence
leave pay for one day = $1500.00 ÷ 10 = $150.00.
If the employee took leave for part of the day: hourly rate (salary ÷ number of hours the employee normally