Paid family and domestic violence leave in 2023

The Fair Work Commission recently introduced 10 days of paid family and domestic violence (FDV) leave into the National Employment Standards (NES).

The purpose of this amendment is to address the unacceptable situation where many Australians affected by domestic violence must choose between their safety or their income.

The paid leave applies to all employees, including casual employees, at the rate of pay the employee would have received had they not taken leave. The entitlement comes into effect as of 1 February 2023 for large businesses and on 1 August 2023 for small businesses (less than 15 employees).

What are the new provisions?

Employees can take paid family and domestic violence leave if they need to do something to deal with the impact of family and domestic violence and it’s not practical for them to do so during their work hours.

This could include, for example:

• making arrangements for their safety, or the safety of a close relative (including relocation)
• attending court hearings
• accessing police services
• attending counseling
• attending appointments with medical, financial or legal professionals.

An employer can ask their employee for evidence to show that the employee needs to do something to deal with family and domestic violence and it’s not practical to do that outside their hours of work.

The entitlement to 10 days paid FDV leave will be available to full-time, part-time and casual employees upfront, either on the commencement date of the provisions for existing employees or on the commencement date of employment for new employees

Employees will access paid FDV leave at their full rate of pay for the hours they would have worked had they not taken the leave, including loadings, allowances, overtime, etc.

Casual Workers

As noted above, the provisions extend to casual workers. They are entitled to be paid at the same rate of pay and the number of hours worked for which the employee was rostered or accepted an offer to work a shift (or shifts).

This means a casual employee is not entitled to paid FDV leave for shifts or hours they were not rostered on or had not agreed to work.

How the leave accrues

Employees who start on or after the date that the entitlement comes into effect can access the full 10 days from their first day. The leave will renew on their work anniversary.

Employees who are already employed when the entitlement comes into effect can access the full 10 days from this date. The leave then renews on their work anniversary. (not on the anniversary of the start date of the entitlement).

The entitlement doesn’t accumulate from year to year if it isn’t used.

What should employers do?

Employers should update their policies, contracts and payroll systems in preparation for the commencement date relevant to their business (1 February 2023 or 1 August 2023 for small businesses).

We can help you better understand your obligations concerning paid family and domestic violence leave and help draft a relevant policy.

Contact us now for free initial advice.