New paid family and domestic violence leave

The Australian Government has introduced paid family and domestic violence leave for all employees.

When does this come into play?

  • 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, so 14 or less.).

Payment for leave

Full-time and part-time employees can take paid family and domestic violence leave at their full pay rate for the hours they would have worked if they weren't on leave.

Casual employees will be paid at their full pay rate for the hours they were rostered to work in the period they took leave.

Accrual of Leave

·         All employees including casuals are entitled to 10 days of paid family and domestic violence leave from their start date. This does not need to be earnt or accrued. They are immediately entitled to 10 days from their start date.

·         If unused, the balance DOES NOT rollover.

·         The 10 days refreshes on the anniversary of their start date each year.

·         Therefore, each employee is entitled to 10 days only of paid and family domestic violence leave per year, which is renewed each year on the anniversary of their start date.

Types of evidence employees can provide

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 can ask employees to provide evidence for as little as 1 day or less off work ←

For more details regarding the newly introduced paid family and domestic violence leave visit: https://www.fairwork.gov.au/leave/family-and-domestic-violence-leave.

 Information is current as of posting date, 07/12/2022 and may be subject to change.

Kelly Boyle