Changes To Family + Domestic Violence Leave
Written by: Danny Grigg l Accounting Team
There have been some recent changes to the family and domestic violence leave entitlements. Previously, an employee was entitled to five days of unpaid family and domestic violence leave per year, which includes full-time, part-time and also casual employees.
From 1 February 2023, employees of non-small business employers are eligible to access ten days of paid family and domestic violence leave. A non-small business employer is an employer with 15 or more employees on 1 February 2023.
Employees of small business employers are currently restricted to five days of unpaid family and domestic violence leave, but this is due to change from 1 August 2023, when they will also be entitled to access ten days of paid family and domestic violence leave per year. A small business employer is an employer with less than 15 employees on 1 February 2023.
What Is Family and Domestic Violence?
The Fairwork Ombudsman’s definition of family and domestic violence means violent, threatening or other abusive behaviours by certain individuals known to an employee that both seeks to coerce or control the employee and cause them harm or fear. The individual could be an employee’s close relative, a member of their household, or a current or former intimate partner. A close relative is defined as, a spouse or former spouse, de facto partner or former de facto partner, child, parent, grandparent, grandchild and/or sibling. It also includes a child, parent, grandparent, grandchild, sibling, current or former spouse or de facto partner.
When Is The Leave Available to Employees?
Paid family and domestic violence leave is available for employees of non-small business employers from 1 February 2023.
If an employee is employed at 1 February 2023, they can access the ten days paid family and domestic violence leave from that date. If an employee starts after this date, the paid family and domestic violence leave entitlement starts from the start date of employment.
How Does Family and Domestic Violence Leave Accrue?
The family and domestic violence leave entitlement of ten days per year will be automatically available to employees of non-small business employers from either 1 February 2023 or the employee’s start date if after 1 February 2023. If paid family and domestic violence leave is taken during the year, the employee’s leave entitlement of ten days will renew on the anniversary of their work start date.
Unlike annual leave or personal leave, the accrual of paid family and domestic violence leave entitlements does not accrue year on year if it is not taken. The paid family and domestic violence leave balance will not accrue past ten days.
Registered and Enterprise Agreements
Employers and employees should check if there are any agreements that apply to them that may provide for additional entitlements or conditions for dealing with family and domestic violence. if an agreement provides for less than ten days of family and domestic violence leave, the National Employment Standards (NES) overwrite the agreement to give employees ten days of family and domestic violence leave entitlements. The National Employment Standards also apply to workplace policies and employment contracts.
Who Can Take Paid Family and Domestic Violence Leave?
Full-time, part-time and casual employees of non-small business employers can take ten days of paid family and domestic violence leave from 1 February 2023. If an employee takes family and domestic violence leave, they must let their employer know as soon as possible, this can occur after the leave has started. The employee must also inform the employer of the amount of time they expect to be on leave for.
The employee must be experiencing family and domestic. violence to be eligible to take paid leave. An employer can request the employee to provide evidence to show the employee took leave to deal with family and domestic violence, otherwise, they may not get paid. The evidence supplied to the employer must convince a reasonable person that the employee was taking the leave to deal with the impact of family and domestic violence, where it is not practical to do so outside of their working hours. Dealing with the impacts of family and domestic violence might include making arrangements to provide for their safety or the safety of a family member, accessing police resources or attending court or attending counselling, medical appointments or financial and legal professionals.
Examples of the types of evidence that can be supplied are, a statutory declaration, documents issued by the police, a court or family violence service documents.
When an employee provides evidence, the employer can only use this to satisfy themselves that the employee was entitled to family and domestic violence leave, unless the employee consents, the employer is required by law to deal with the information or it is necessary to protect another employee’s or person’s life, health or safety.
Who Can Take Unpaid Family and Domestic Violence Leave?
Employees of small business employers can take up to five days of unpaid family and domestic violence leave each year. From 1 August 2023, these employees will be entitled to ten days of paid family and domestic violence leave. From this date, the unpaid family and domestic violence leave will no longer be available.
How Is The Leave Paid?
Full-time and part-time employees must be paid at their full rate of pay for the hours they would have normally worked. Casual employees must be paid their full rate of pay for the hours that they were rostered on for. The employee’s full rate of pay includes any loadings, allowances, overtime and penalty rates that would have been applicable if they had worked their normal or rostered hours.
Payslips
An employee’s pay slip must not mention that they have taken paid family and domestic violence leave. The employer must though keep a record of any family and domestic violence leave taken and the leave balance.
The family and domestic violence leave must be shown on the pay slip as ordinary hours of work, or some other kind of payment such as an allowance, bonus or overtime payment. It is best practice to show on the pay slip as though the employee has not taken leave, unless the employee requests that it be shown as another type of leave, such as annual leave or sick leave.
For further information, visit the Australian Government Fairwork Ombudsman website.
Canny Group + Leave Entitlements
There’s no doubt that family and domestic violence issues have become more prevalent in today’s day and age. The recent changes towards the Family and Domestic Violence leave entitlements are just one way that employers are able to support their employees.
Get in touch with our team today if you need any assistance with these changes to leave entitlements to best support your team members if they were ever needing to take family and domestic violence leave.
