Paid Family and Domestic Violence Leave to Commence 1 February 2023

From 1 February 2023, employees will be able to access 10 days of paid family and domestic violence leave in a 12-month period. The changes were legislated late last year and replace the previous entitlement of employees to 5 days of unpaid family and domestic violence leave.

Key features of the new leave entitlement include:

1. The 10-day leave entitlement will be available immediately and won’t need to be accumulated over time.

2. The entitlement will be available in full to all employees, including part time and casual employees.

3. The entitlement will not accumulate from year to year if unused. Instead, the 10-day entitlement will be reinstated on each anniversary of when the employee commenced work.

4. Leave will be available from employers with 15 or more employees from 1 February 2023.

5. Leave will be available from employers with less than 15 employees from 1 August 2023 (until this date employees will continue to be entitled to five days of unpaid family and domestic violence leave).

6. An employee will be entitled to leave in circumstances where they need to do something to deal with the impact of family and domestic violence. Examples include but are not limited to attending counselling, attending police services, and making arrangements for their personally safety or the personal safety of others.

7. The definition of family and domestic violence includes behaviour by a close relative, a current or former partner or a household member that seeks to coerce or control the employee or cause them harm or fear.

8. An employee must let their employer know as soon as possible that they will be taking or have taken family and domestic violence leave. An employer can ask for evidence to show that the employee needs to do something to deal with family and domestic violence and that it’s not practical for that thing to be done outside their hours of work.

9. An employee’s pay slip must not disclose any information that shows that the employee has taken family and domestic violence leave.

For further information regarding employers’ obligations when it comes to the new family and domestic violence leave provisions please contact us.