The Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 has now passed, so what does this mean for your business?
Employees of all types, including full-time, part-time, and casual employees, are entitled to 10 days of paid family and domestic violence leave. It will be available in full at the beginning of each 12-month period of the Employee’s employment but does not accumulate year to year.
When is an employee entitled to take the leave?
As of 1st February 2023, existing employees will receive an entitlement of 10 days of paid leave. Smaller employers (with less than 15 employees) start at the later date of 1st August 2023. The 10 days will reset on the employment anniversary of each individual. No minimum employment period is required for an employee to become entitled to the leave.
Defining Family and Domestic Violence
Family and domestic violence means violent, threatening, or other abusive behaviour by an employee’s close relative, a current or former intimate partner, or a member of their household that both:
- Seeks to coerce or control the Employee.
- Causes them harm or fear.
A close relative is:
- An employee’s:
- Spouse or former spouse.
- De facto partner or former de facto partner.
- Child.
- Parent.
- Grandparent.
- Grandchild.
- Sibling.
- A child, parent, grandparent, grandchild, or sibling of an employee’s current or former spouse or de facto partner, or
- A person related to the Employee according to Aboriginal or Torres Strait Islander kinship rules.
Taking Family and Domestic Violence Leave
Employees can take paid family and domestic violence leave if they need to do something to deal with the impact of family and domestic violence, and it’s not practical for them to do so during their work hours.
Activities could include, for example, the Employee:
- Making arrangements for their safety or the safety of a close relative (including relocation).
- Attending court hearings.
- Accessing police services.
- Attending counselling.
- Attending appointments with medical, financial, or legal professionals.
When Does Evidence Have to be Given?
An employer may ask an employee to provide evidence that would satisfy a reasonable person of the Employee’s need to take paid family and domestic violence leave.
Evidence may include, but is not limited to:
- Documents issued by police or the court.
- Family violence support service documents.
- Statutory declarations.
Failure to comply with an employer’s request to provide evidence may result in the Employee being deemed ineligible.
Payment for Leave
Full-time and part-time employees can take paid family, and domestic violence leave at their full pay rate for hours they would have worked if they weren’t on leave. An employer will pay casual employees at their full pay rate for the hours they were rostered to work during their leave.
An employee’s full pay rate is their base rate plus any:
- Incentive-based payments and bonuses.
- Loadings.
- Monetary allowances.
- Overtime or penalty rates.
- Any other separately identifiable amounts.
What if the Employee is already on leave?
Employees who are currently on personal/carers or annual leave are entitled to swap to family, and domestic violence leave instead. The Employee will still need to give their employer the required notice and evidence.
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