In Australia, employees will soon have access to paid family and domestic violence leave. Employers and business owners should be aware of these changes as the paid family, and domestic violence leave means you will soon have to pay up to 10 days of leave per 12-month period to employees if the leave is required.
In 2023, employees will have access to 10 days of paid family and domestic violence leave in each 12-month period. The leave is available to all full-time, part-time, and casual employees and can be used all at once at the start of each 12-month period. It does not accumulate from year to year if it isn’t used.
Under the National Employment Standards, the previously approved leave gave workers five days of unpaid leave. Employees can still access their five days of unpaid leave until the paid leave comes into effect.
The paid leave starts as follows:
- 1 February 2023 for employees of non-small business employers (employers with 15 employees or more)
- 1 August 2023 for employees of small business employers (employers with fewer than 15 employees)
The leave will renew every year on the employee’s work anniversary.
Under the family and domestic violence leave, your employees can take leave from work to deal with the impact of family and domestic violence. For example, employees could take leave for:
- Making arrangements for their safety or the safety of a close relative
- Attending court hearings
- Accessing police services
- Attending counselling or medical appointments
Employees can take the leave as needed throughout the 12-month period.
Included in the meaning of family and domestic violence
Under the Fair Work Act, family and domestic violence is defined as violent, threatening or otherwise abusive behaviour that is aimed at controlling the victim and causes them harm or fear. A close relative, a current or former intimate partner, or a household member can cause the violence.
Included in family and domestic violence are actions such as:
- Physical assault or abuse
- Sexual assault or sexually abusive behaviour
- Emotional abuse
- Verbal abuse
- Economic abuse
- Harassment
- Threats of violence
- Forced isolation
- Stalking
Leave is now to be paid
Previously, employees were only entitled to five days of unpaid leave; in 2023, they will be entitled to 10 days of paid leave.
For full-time and part-time employees, the leave will be their total pay rate for the hours they would have worked during that period. Casual employees are to be paid their total pay rate for the hours they were meant to work when they took their leave.
The full pay rate includes their base wage or salary plus any loadings, bonuses, overtime, and monetary allowances.
If the employee is on a different form of leave and requires family and domestic violence leave, their leave can be changed.
There are financial implications that business owners need to be aware of; you will be required to pay up to 10 days of family, and domestic violence leave for employees per 12-month period.
Required notification
Employees need to notify their employer as soon as possible that they require family and domestic violence leave, although the employer can be notified after the leave has started. As an employer, you can legally request evidence to ensure the leave is related to family and domestic violence but can only use any evidence given to satisfy your notification requirements.
You cannot use that evidence for any other purpose unless
- The employee gives consent
- The evidence is needed to protect the safety and health of another individual
- You are required by law.
Any information that is provided as evidence cannot be used to take action against the employee.
Support services
If you or anyone you know is impacted by family and domestic violence, you can access confidential information, counselling, and additional support and services at the 1800 RESPECT website.
If you have any questions, feel free to Join the conversation…