FAMILY AND DOMESTIC VIOLENCE LEAVE

Employees are entitled to 10 days of paid family and domestic violence leave from their employment start date. This entitlement resets on the anniversary of their employment start date, and is effective from:

·         1 February 2023 for employees of non-small business employers, defined as employers with 15 or more employees on 1 February 2023.

·         1 August 2023 for employees of small business employers, defined as employers with less than 15 employees on 1 February 2023.

Full-time and part-time employees can take paid family and domestic violence leave at their full pay rate for the hours they would’ve 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..

How the leave renews

The leave renews every year on each employee's work anniversary. It doesn’t accumulate from year to year if it isn’t used.

Employees who start on or after the date that the paid leave entitlement becomes available at their new workplace can access the full 10 days from their first day. The leave will renew on their work anniversary.

Taking family and domestic violence leave

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.

This could include, for example, 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.

Meaning of family and domestic violence

Meaning of family and domestic violence
Under the new provisions, family and domestic violence means violent, threatening or other abusive behaviour by an employee’s close relative, a current or former intimate partner, or a member of their household that both:
•    seeks to coerce or control the employee
•    causes them harm or fear.

A close relative is an employee's:

·         spouse or former spouse

·         de facto partner or former de facto partner

·         child

·         parent

·         grandparent

·         grandchild

·         sibling

·         a child, parent, grandparent, grandchild or sibling of an employee’s current or former spouse or de fact partner, or

·         a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

Payment for 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.

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.

Notice and evidence requirements

If an employee takes paid family and domestic violence leave, they have to 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.

An employer can only use this information to satisfy themselves that the employee is entitled to family and domestic violence leave, unless:

·         the employee consents

·         the employer is required to deal with the information by law, or

·         it’s necessary to protect the life, health or safety of the employee or another person.

The employer can't use the information for other purposes, including to take adverse action against the employee.

All other rules about notice and evidence are the same as the currents rules for taking unpaid family and domestic violence leave.

Find out more about the current rules at Notice and evidence for family and domestic violence leave.

Evidence requirements

An employer can ask their employee for evidence that shows the employee took the leave to deal with family and domestic violence. If the employee doesn't provide the requested evidence, they may not get family and domestic violence leave.

The evidence has to convince a reasonable person that the employee took the leave to deal with the impact of family and domestic violence.

Types of evidence

Types of evidence can include:

·         documents issued by the police service

·         documents issued by a court

·         family violence support service documents, or

·         a statutory declaration.

Employers can ask employees to provide evidence for as little as 1 day or less off work.

Confidentiality

Employers have to take reasonably practicable steps to keep any information about an employee’s situation confidential when they receive it as part of an application for leave. This includes information about the employee giving notice that they’re taking the leave and any evidence they provide. Employers are not prevented from disclosing information if:

·         it's required by law, or

·         is necessary to protect the life, health or safety of the employee or another person.

Employers need to be aware that any information about an employee's experience of family and domestic violence is sensitive. If information is mishandled, it could have adverse consequences for their employee. Employers should work with their employee to discuss and agree on how this information will be handled.

For information about workplace privacy, including best practice guidance on privacy principles, obligations about providing information to third parties and privacy in relation to email and the internet, read our Workplace privacy best practice guide.

Tools and resources

·         Workplace family and domestic violence checklist 

·         Short version of the Employer guide to family and domestic violence 

·         Support services for people impacted by family and domestic violence 

Related information

·         Family and domestic violence leave

 If you have any questions, please contact us.