New Paid Family & Domestic Violence Leave to Comes Into Effect
The Federal Government has now passed the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022. The Act amends the Fair Work Act 2009 (Cth) by inserting a non-accumulating entitlement to 10 days’ paid family and domestic violence leave each year, into the National Employment Standards (NES) for victims of domestic violence to be able to deal with their personal circumstances. Currently under the NES, employees are entitled to take 5 days’ unpaid family and domestic violence leave each year.
It is important to note that the paid leave will apply to full-time, part-time and casual employees.
The key points of these new provisions are:
- All employees will be able to access 10 days of paid family and domestic violence leave in a 12-month period, and will not be pro-rated for part-time or casual employees.
- The full 10-day leave entitlement will be available upfront. It won’t accumulate from year to year if it’s not used.
The new leave provisions will apply 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).
Employees can access 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.
This could include, for example:
- 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.
Evidentiary Requirements
If an employee takes paid family and domestic violence leave, they must advise their employer as soon as possible. This could be after the leave has started. An employer can request the employee provide 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. For example, the employee may be required to provide a medical certificate, a police report or evidence of appointments made.
If you require further information and details regarding these legislative changes, please contact us at Effective Workplace Solutions.
Greg Arnold – Director & Principal Consultant
Disclaimer: This article provides a summary only of the subject matter without the assumption of a duty of care by Effective Workplace Solutions. No person should rely on the contents as a substitute for legal of other professional advice.