Family and Domestic Violence Leave

As of 1 February 2023 (tomorrow), the legislation in regard to family and domestic violence leave has changed to allow all employees in the Fair Work system to have access to 10 days of paid family and domestic violence leave per 12-month period. Employees in the Fair Work system of all small businesses (who employ less than 15 employees) will have access to these entitlements as of 1 August 2023.  Employees who are part of small businesses will still have access to the 5 days of unpaid leave allowed for under the NES until this time. The new entitlement of 10 days paid leave, is assessable for all full-time, part-time, and casual employees. The allowance of 10 days per 12-month period is an upfront entitlement, meaning this does not need to be accumulated. However, the 10-day allowance does not roll over year to year if unused.

Prior to 1 February 2023, all employees in Australia, including part-time, and causal employees, were entitled to 5 days of unpaid family and domestic violence leave. This entitlement came from the National Employment Standards (NES) as a minimum entitlement.

Under the new provisions, family and domestic violence is considered as violent, threatening, or other abusive behavior by an employee’s close relative, a current or former intimate partner or a member of their household.

If an employee takes paid family and domestic violence leave, they will be required to let their employer know as soon as possible.  This may be even after the leave has started.  As an employer, you have a right to ask the employee for evidence to show that the employee needs to take this particular type of leave and for matters that are not able to be dealt with outside of work hours.  It is important to note that should the employee give any documentation as evidence; the employer must keep this information in the strictest of confidence.

From tomorrow, there are also new, important rules regarding information that is documented on an employee’s payslip in relation to family and domestic violence leave.  Employers will need to keep a record of leave balances and any leave taken by employees.  However, pay slips must not mention family and domestic violence leave, including any leave taken and balances of leave unused.

For more information on these changes, please contact HR Business Assist.