REMINDER: 10 days PAID Family & Domestic Violence Leave on the way in 2023

Along with the wide-ranging changes that will be rolled out via the Secure Jobs, Better Pay Bill (see related article), 2023 will also herald the introduction of paid Family and Domestic Violence (FDV) leave for all national-system employees, including casuals.

From 1 February 2023, full-time, part-time and casual employees (excluding those employed by small business employers) will be entitled to access 10 days of paid FDV leave per year. The entitlement will be available to all employees employed under the national ‘Fair Work’ system of industrial relations via the National Employment Standards, whether their employment is captured by a Modern Award, enterprise agreement or they are award/agreement-free. Full-time, part-time and casual employees employed by small business employers – defined as a business employing less than 15 employees, on a head count, including regular and systematic casuals, as at 1 February 2023 – will gain access to the new entitlement from 1 August 2023.

Paid FDV leave will be able to be accessed by an employee who is experiencing family and domestic violence and who needs to do something to deal with the impact of the family and domestic violence. Family and domestic violence is violent, threatening or other abusive behaviour by a close relative of an employee, a member of an employee’s household, or a current or former intimate partner of an employee, that seeks to coerce or control the employee; and causes the employee harm or to be fearful. Examples of actions that may be taken by an employee who is experiencing family and domestic violence include, arranging for the safety of the employee or a close relative (including relocation), attending court hearings, accessing police services, attending counselling and attending appointments with medical, financial or legal professionals.

Payment for FDV leave must be made at the employee’s full rate of pay, worked out as if the employee had not taken the period of leave. This includes the payment of allowances, shift penalties, overtime and the casual loading, where applicable. In the case of casual workers, payment must be worked out as if the employee had worked the hours in the period for which the employee was rostered. FDV leave paid to an employee in a particular pay period must not be identified on an employee’s pay slip.

The entitlement to 10 days paid FDV leave per year will renew each year on the employee’s anniversary date. With respect to employees employed on 1 February 2023 (or 1 August 2023 in the case of employees of small business employers) all full-time, part-time and casual employees will become entitled to 10 days paid FDV leave upfront, with the entitlement renewing again on their employment anniversary date. Paid FDV leave will be available to employees in full, at the commencement of the relevant annual period to which it applies; employees do not have to accrue paid FDV leave progressively over a year of employment, but unused FDV leave does not accumulate from year to year.

Workplace Relations Minister, Tony Burke, has previously been quoted as saying that the new entitlement “will not by itself solve the problem of domestic and family violence, but it does mean that no employee in Australia will ever again be forced to make a choice between earning a wage and protecting the safety of themselves and their families”.

The Government is required to conduct an independent review into the impact of the new entitlement within 12 months of it becoming operative.