Paid Family and Domestic Violence Leave from 1 February 2023
All employees (including part-time and casual employees) will be entitled to 10 days of paid family and domestic violence leave in a 12-month period. Under the National Employment Standards’ (NES) existing entitlement to 5 days of unpaid family and domestic violence leave will be replaced by this new entitlement.
Employees will be entitled to the full 10 days upfront, meaning they won’t have to accumulate it over time. However, the leave won’t accumulate from year to year if it isn’t used.
The new leave entitlement 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).
Until the new paid leave entitlements become available to them, employees can still access 5 days of unpaid family and domestic violence leave until the new paid leave entitlement becomes available to them.
When can an Employee take Paid Family and Domestic Violence Leave?
Employees (including part-time and casual employees) can take this paid leave if they need to do something to deal with the impact of family and domestic violence. This 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.
Under the new provisions, 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 fact partner, or
- a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.
Is Notice and Evidence required to take this leave?
If an employee takes paid family and domestic violence leave, they have to let their employer know as soon as possible. This could be after the leave has started. An employer can ask their employee for evidence to show that the employee needs to do something to deal with family and domestic violence and it’s not practical to do that outside their hours of work.
An employer can only use this information to satisfy themselves that the employee is entitled to family and domestic violence leave, unless:
- the employee consents
- the employer is required to deal with the information by law, or
- it’s necessary to protect the life, health or safety of the employee or another person.
The employer can’t use the information for other purposes, including to take adverse action against the employee.
All other rules about notice and evidence are the same as the currents rules for taking unpaid family and domestic violence leave.
Find out more about the current rules at Notice and evidence for family and domestic violence leave.
To find out more about:
- How the leave renews
- Payment for leave
- Interaction with other paid leave
- Payslip requirements, as well as
- Examples illustrating requirements under Paid Family and Domestic Violence Leave
This blog provides general information only. It is advised you contact Balanix Solutions on 07 3264 4783 to discuss your specific situation.
