Universal Paid Family and Domestic Violence Leave Commences 1 February 2023

What employers need to know

From 1 February 2023, employers with 15 or more employees will be required to provide their employees with 10 days paid family and domestic violence leave (FDVL) per year as part of the latest addition to the National Employment Standards (NES).

The new form of paid leave:

1. is accessible by all employees including casuals who have been ‘rostered’ (eg have accepted an offer to work)
2. is not a ‘pro-rata’ entitlement, that is, it is available in full for all employees (including casuals)
3. is available ‘upfront’ meaning the leave does not accrue and is available in full (10 days of pay) from commencement, renewing on the employee’s anniversary date
4. is payable at the rate that the employee would have earned had they worked instead of taking the leave (instead of being payable at base rates).

These characteristics make this new form of leave unique within the Fair Work system.

For smaller employers who employ less than 15 employees on 1 February 2023, the entitlement will operate from 1 August 2023.

Employees will continue to be entitled to five days of unpaid family and domestic violence leave under the NES until they can access the new paid entitlement.

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.

As an example, this could include 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.

Employers need to keep a record of leave balances and any leave taken by employees. However, pay slips must not mention family and domestic violence leave, including any leave taken and leave balances. This is to reduce the risk to an employee’s safety when accessing paid family and domestic violence leave.

If you are concerned or require clarification on what this means for your business, please get in touch with one of the employment lawyers or call 1300 565 846.