Employers are now required to offer family and domestic violence paid leave to their employees

Employees can take paid leave to deal with family and domestic violence from:

1. 1 February 2023, for employees of non-small business employers;
2. 1 August 2023, for employees of small business employers.

Non-Small Business Employers
Starting on 1 February 2023, non-small business employers (employers with 15 or more employees) must provide their employees with 10 days of paid family and domestic violence leave each year.
Small Business Employers
Small business employers (employers with less than 15 employees) will have to offer paid leave starting from 1 August 2023. Until then, employees of small businesses can take up to 5 days unpaid family and domestic violence leave each year.

Entitlement
Employees are entitled to the full 10 days upfront, meaning they won’t have to accumulate it over time. However, the leave doesn’t accumulate from year to year if it isn’t used.
All employees (including full-time, part-time and casual workers) are entitled to family and domestic violence leave every year according to the National Employment Standards.

Taking Leave
Employees can take this leave if they need to do something to deal with the impact of family and domestic violence.
Family and domestic violence means violent, threatening or other abusive behaviour by certain individuals known to an employee that both seeks to coerce or control the employee and causes them harm or fear.
The individual could be an employee’s close relative, a member of an employee’s household, or a current or former intimate partner of an employee.
A close relative is defined as the employee’s spouse or former spouse, de facto partner or former de facto partner, child, parent, grandparent, grandchild, sibling, or a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

Pay Slips
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.
This is to reduce the risk to an employee’s safety when accessing paid family and domestic violence leave.
Employers need to keep a record of leave balances and any leave taken by employees.
However, pay slips must not mention family and domestic violence leave, including any leave taken and leave balances. Leave should be recorded in the employer’s time and wage records.

Support
1800RESPECT is the national domestic, family and sexual violence counselling, information and support service.
If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au

AAAA Member Benefits
Employer Assist provides all AAAA members with advice regarding all aspects of your workplace and employment law. We can assist you in understanding and complying with your obligations in relation to the new legislation.
Please contact Employer Assist on 1300 735 306 or aaaa@employerassist.com.au if you require
any assistance.

This article is intended for information purposes only and should not be regarded as legal advice. Please contact Employer Assist for advice.
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