Employers: What you need to know about revised paid family and domestic violence leave
New legislation is a key component of the important role that Australian workplaces can play in addressing the national crisis of violence against women
The federal Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 comes into effect today (Feb 1, 2023) and gives employees access to up to 10 days of paid domestic violence leave annually.
Domestic violence expert Professor Kate Fitz-Gibbon, Director, of Monash Gender and Family Violence Prevention Centre, welcomes the revised legislation and says the changes represent a key step in building more effective and accessible workplace support for domestic violence victim-survivors. Experiences of violence impact victim-survivors engagement in work and also their performance and career progression.
Professor Fitz-Gibbon, said: “Today’s legislation represents a key step in building more effective and accessible workplace supports for domestic violence victim-survivors. Experiences of violence impact victim-survivors engagement in work and also their performance and career progression.”
In the revised legislation, employees will be able to access 10 days of paid family and domestic violence leave. Businesses with more than 15 employees will be able to access the revised leave from February 1 and businesses with less than 15 employees, mostly all small businesses, will have access to the additional 5 days from August 1, 2023.
Employsure, one of Australia’s leading workplace advisory firms for SMEs states that all employees in the Fair Work system, including part-time and casual employees, will be entitled to 10 days of paid family and domestic violence leave in a 12-month period.
This new entitlement will replace the existing entitlement to 5 days of unpaid family and domestic violence leave under the National Employment Standards. Employees can still access 5 days of unpaid family and domestic violence leave until the new paid leave entitlement becomes available to them.
“An employee can use paid family and domestic violence leave during a period of personal/carers or annual leave. If this happens, the employee is no longer on the other form of paid leave and is taking paid family and domestic violence leave instead. The employee is still required to give their employer the required notice and evidence to take this leave however this can be after the leave has started. An employer may ask their employee for evidence to show that the employee needs to do something to deal with FDV and it is not practical to do so outside their hours of work.
“Employers should take reasonable steps to treat any information about an employee’s situation confidential when they receive it as part of an application for leave. Employers need to also be aware that any information about an employee’s prior experience of family domestic violence is to be treated as sensitive. If information isn’t handled properly, it could have dire consequences for their employees.”
Professor Kate Fitz-Gibbon added: “Access to 10 days paid leave provides important recognition that employers have a responsibility to support victim-survivors during and in their recovery from violence.”
She said: “Paid domestic violence leave provides important recognition in workplaces across Australia that employees may need time off work if they are experiencing any form of domestic violence. This legislation will contribute to creating a safe and supportive workplace environment for Australians who experience domestic violence.
“As always, implementation and monitoring will be key to the success of this legislation. It is imperative that paid domestic violence leave is embedded alongside a suite of workplace supports to ensure that victim-survivors are supported to maintain paid employment during and following their experience of domestic violence.
“This legislation is a key component of the important role that Australian workplaces can play in addressing the national crisis of violence against women.”
If you have staff who may be facing family and domestic violence; confidential information, counselling, and support for them is available at the 1800 RESPECT website. This is the national sexual assault, domestic, and family violence counselling service.
Employsure is a workplace advisory firm for SMEs, advising over 31,000 clients in Australia and New Zealand on workplace relations and workplace health & safety issues.
Contact details for Professor Fitz-Gibbon: +61 412 339 243 or [email protected]
Read more of Professor Fitz-Gibbon’s work at Monash Lens
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