Changes to Family & Domestic Violence Leave – introducing 10 days paid leave

Employees will soon be able to access 10 days of paid family and domestic violence leave in a 12-month period.

From 1 February 2023 full-time, part-time, and casual employees who work for a business with 15 or more employees will be able to access 10 days of paid family and domestic violence leave in a 12-month period.

From 1 August 2023 full-time, part-time, and casual employees who work for a business with less than 15 employees will be able to access 10 days of paid family and domestic violence leave in a 12-month period.

Employees will access the 10 days leave entitlement up front; however, it will not accumulate from year to year if not used. Part-time and casuals will be entitled to 10 days (i.e. it is not prorated)

Employees will continue to be entitled to 5 days of unpaid family and domestic violence leave until they can access the new paid entitlement.

This leave will renew each year on the employee’s work anniversary.

Employees who are already employed when the paid leave entitlement commences can access the full 10 days on the relevant start date (i.e. either 1/2/2023 or 1/8/2023). The leave then renews on the anniversary of when they commenced employment for that employer and renew each year on their anniversary date.

When can an employee take family & domestic violence leave?

Employees can take paid family and domestic violence leave if they need to do something to deal with the impact of family and domestic violence. 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.

What does an employee get paid who takes family & domestic violence leave?

Full-time and part-time employees can take paid family and domestic violence leave at their full pay rate for the hours they would have worked if they weren't on leave.

Casual employees will be paid at their full pay rate for the hours they were rostered to work in the period they took leave.

An employee's full pay rate is their base rate plus any:

• incentive-based payments and bonuses

• loadings

• monetary allowances

• overtime or penalty rates

• any other separately identifiable amounts.

Updating your Leave Policy

It is recommended you update your current Leave Policy & Procedures ready to be issued either 1 February or 1 August. You may also want to communicate this change to your employees.

How can Essential HR help?

As specialists in human resource management and industrial relations we assist Australian businesses navigate their way through the complexities around employing people.

We deliver HR Advice and Support via a hybrid model that includes writing and implementing up-to-date and compliant HR policies and procedures.

To learn more how we can assist your workplace visit our website at: www.esshr.com.au.