10 days paid family and domestic violence leave

On 27 October 2022, a new National Employment Standard (NES) was passed through Australian parliament which entitles all employees to 10 days paid family and domestic violence (FDV) leave per year. This replaces the current entitlement of 5 days unpaid FDV leave per year and provides some improvements to the existing entitlement.

What is FDV leave?

FDV leave is a type of leave available for employees experiencing violent, threatening, controlling or abusive behaviour by a close relative. It allows an employee to take time off from work in order to do necessary things to alleviate their circumstances such as seeking support, finding safe accommodation, and attending court hearings, without fear of jeopardising their employment.

Why has the FDV leave entitlement changed?

Violence in family and domestic settings is a critical issue across Australia, with an estimated one in every six Australian female workers experiencing FDV. Due to the prevalence of FDV in Australia and the increasing need to support victims, in particular working women, the Federal Government sought to introduce the necessary changes.

What are the changes?

All employees, including full-time, part-time and casual employees, will be entitled to 10 days of paid FDV leave every year. Employees will be entitled to the full 10 days from the day they commence employment, and the entitlement will refresh every year. FDV leave will be payable on the ‘full rate of pay’ the employee would have received had they not taken the leave.

Other changes include the broadening of the definition of FDV to include conduct of “a member of an employee’s household, or a current or former intimate partner of an employee”. In addition, the new entitlement will be available to casual employees who do not normally have access to paid leave.

The changes will apply to all national system employees under the NES, including those under enterprise agreements which already have paid FDV leave entitlements.

The new entitlement will take effect on 1 February 2023 for most employers, although small businesses will have until 1 August 2023 to implement the changes.

What should employers do?

It’s vital to update leave policies before 1 February 2023 in line with the changes, and educate all employees on the changes. Additionally, implementing practical measures as part of a safety plan is key; such as setting up a separate account for pay to go into, changing employee contact details or ensuring that any DFV leave taken is recorded only as ‘leave’ on payslips to help prevent any repercussions for the victim.

It’s important for business owners to have an understanding of the nuances involved when an employee is experiencing FDV, and suitable training for management on dealing with these types of complex issues will help create a safe and supportive workplace free from judgement.

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