Paid Family and Domestic Violence Leave

From 1 February 2023 employers with 15 or more employees will be required to provide their employees with 10 days paid family and domestic violence leave (FDVL) per year (under the National Employment Standards). 

Below is a summary of the key points from the Fair Work Ombudsman's Employer guide to family and domestic violence:
  • Full-time, part-time and casual employees will be able to access 10 days of paid family and domestic violence leave in a 12-month period. It won’t be pro-rated for part-time or casual employees.

  • The full 10-day leave entitlement will be available upfront. It won’t accumulate from year to year if it’s not used.

  • The leave will be available from:

      • 1 February 2023, for employees of non-small business employers (employers with 15 or more employees on 1 February 2023)

      • 1 August 2023, for employees of small business employers (employers with less than 15 employees on 1 February 2023).

  • From 1 February 2023, there are rules about information that must not be included on an employee’s pay slip relating to paid family and domestic violence leave.

  • Employees will continue to be entitled to 5 days of unpaid family and domestic violence leave until they can access the new paid entitlement.

  • The new leave will be independently reviewed after 12 months to consider the impacts on small businesses, sole traders and people experiencing family and domestic violence.

Other points:
  • The leave renews on an employee's anniversary date, not 1 February / 1 August, each year

  • Leave is payable at the rate that the employee would have earned had they worked instead of taking the leave (instead of being payable at base rates)

  • Casuals qualify for the paid leave if they have been rostered (e.g. have accepted an offer to work) 

    Employers must take reasonably practical steps to keep any information about an employee’s situation confidential when they receive an application for family and domestic violence leave, including leave records as well as any evidence provided by the employee.

    Employees who are experiencing or caring for a family member experiencing family and domestic violence can request flexible working arrangements if they’ve been working for the same employer regularly and systematically for at least 12 months.

    An employee has to let their employer know as soon as possible if they take family and domestic violence leave, and how long they expect the leave to last. An employer can ask for evidence, including a statutory declaration or a document issued by the court or police.

    Employers must keep a record of leave balances and any leave taken by employees. Pay slips must not mention paid family and domestic violence leave, including any leave taken and leave balances. Instead, it has to be recorded as ordinary hours of work, or another kind of payment for performing work, such as an allowance, bonus or overtime payment.

    You can read more here

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