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NEW: Paid Family & Domestic Violence Leave

fair work family and domestic violence industry update leave and entitlements new south wales northern territory queensland south australia tasmania victoria western australia Feb 02, 2023

Employees in medium and large businesses (within the Fair Work system) are now entitled to 10 days of paid family and domestic violence leave in a 12-month period. Effective: 1 Feb 2023.

Small businesses (under 15 part & full time employees) will have this come into effect 1 August 2023.

Here's what you need to know:

  • Full-time, part-time and casual employees will ALL be entitled to 10 days of FDV leave (It won't be pro-rated for casual or part-time workers)
  • Full-time and part-time employees can take FDV leave at their full pay rate for the hours they would have worked
  • Casual employees will be paid at their full rate for the hours they were rostered to work during the period of absence
  • Small business employees: you are still entitled to 5 days of unpaid FDV leave (under the old rules) until 1 Aug 2023.

Why is this amendment so important?

  • It is not uncommon for FDV victims to seek legal advice, which may only be available to them during business hours. This will allow employees to take time off work to attend relevant appointments, court hearings, counselling sessions and so on.
  • This allows FDV victims to seek help without financially burdening themselves or their families while also allowing them to do so relatively secretly.
  • The bill emphasises the importance of protecting employee well-being and safety within the workplace.

Here are some considerations for employers:

  • We suggest that employers consider how FDV leave will present on employee payslips. This is to reduce the risk to an employee's safety when accessing FDV leave. There are strict privacy requirements around FDV. 
  • Developing policies and procedures that detail how such issues will be addressed and the ways in which an employee can be supported by their workplace 
  • Recognising that flexible working arrangements may not suit everyone - unfortunately, not everyone's home is a safe space.

With 1 in 6 Australian women (and 1 in 16 Australian men) experiencing some form of domestic violence by a current or former partner, it is clear that a change needs to be made. We need to empower those who are suffering to speak out and creating a safe and supportive workplace is only the first step.

If you or your company need assistance developing policies or integrating training workshops into your workplace, please reach out to the Employii team via email or social media!!

[email protected]

 

Support services:

1800 RESPECT website

 

For more information about this entitlement click here.