Approved Paid Family and Domestic Violence Leave
In 2023, all employees will have access to 10 days paid family and domestic violence (FDV) leave in a 12-month period. This leave will not be pro-rated for part-time or casual employees. The Australian Government has amended the Fair Work Act 2009 to replace the current entitlement in the National Employment Standards to five days of unpaid family and domestic violence leave in a 12-month period with an entitlement to ten days of paid leave for full-time, part-time and casual employees.
The definition of family and domestic violence has also been extended to include conduct of a current or former intimate partner of an employee or a member of an employee’s household.
For small businesses (employers with less than 15 employees) this leave will become effective from 1 August 2023, for non-small business employers, the new provisions will come into effect on 1 February 2023. Up until these dates, employees will continue to be entitled to five days of unpaid family and domestic violence leave.
Family and domestic violence (FDV) leave renews every year on each employee’s work anniversary and does not accumulate from year to year if it is not used. This leave can be taken if the employee needs to do something to deal with the impact of FDV and it’s not practical form them to do so during their work hours. For example, this could include the employee:
- making arrangements for their safety, or the safety of a close relative (including relocation)
- attending court hearings
- accessing police services
- attending counselling
- attending appointments with medical, financial or legal professionals.
An employee has the ability to use paid family and domestic violence leave during a period of personal/carer’s or annual leave. If this happens, the employee is no longer on the other form of paid leave and is taking paid family and domestic violence leave instead. The employee is still required to give their employer the required notice and evidence to take this leave. This can be after the leave has started. An employer may ask their employee for evidence to show that the employee needs to do something to deal with FDV and it is not practical to do so outside their hours of work. This evidence, like for other leave, has to convince a reasonable person that they employee took leave to dealt with the impact of FDV. Types of evidence can include:
- documents issued by the police service
- documents issued by a court
- family violence support service documents, or
- a statutory declaration.
Employers must take reasonable steps to keep any information about an employee’s situation confidential when they receive it as part of an application for leave. This includes information about the employee giving notice that they’re taking the leave and any evidence they provide. Employers need to also be aware that any information about an employee’s experience of FDV is sensitive. If information is mishandled, it could have adverse consequences for their employee. Employers should also work with their employee experiencing this to discuss and agree on how this information will be handled.
If you have staff who are facing family and domestic violence, confidential information, counselling and support for them is available at the 1800 RESPECT website. This is the national sexual assault, domestic and family violence counselling service.
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