Family and Domestic Violence Leave
Family and Domestic Violence Leave | |||
Summary | From 1 Feb 2023, full time, part time and casual employees are entitled to 10 days paid family and domestic violence leave in a 12month period. This new entitlement replaces existing entitlement to 5 days unpaid family and domestic violence leave under the National Employment Standards (NES). | ||
Small Businesses | For Small Business employers (< 15 employees) legislation takes effect 1 August 2023. The normal unpaid family and domestic leave can be accessed by employees until then. | ||
Entitlement | The leave entitlement renews every year on each employee’s work anniversary. It does not accumulate from year to year if not taken. Employees who start on or after the date that the paid leave becomes available can access the full 10 days from their first day and will renew on their work anniversary. Employees who are already employed when the paid leave becomes available can access the full 10 days on the relevant start date and renews on their work anniversary. Pay slips must not mention family and domestic violence leave, including any leave taken and leave balances for the employee’s safety. Employers need to keep a record of leave balances and any leave taken by employees. | ||
Notice and Evidence | If an employee takes paid family and domestic violence leave, they must let their employer know as soon as possible. This could be after the leave has started. An employer can ask their employee for 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. | ||
Payment for Leave | Full time and part-time employees: full rate for the hours they would have worked if they weren’t on leave. Casual employees: full rate for the hours they were rostered to work in the period they took leave. | ||
References | |||
