10-Day Paid Family and Domestic Leave

Family violence is a pressing issue that can have serious consequences for victims. Results have shown that from 2021 to 2022, approximately 3.8 million Australian adults have reportedly experienced physical and/or sexual family and domestic violence since the age of 15.

From 1 February 2023 onwards, a 10-day paid family and domestic violence leave in a 12-month period is introduced, and will be accessible to all employees, including casual, part-time and full-time employees. For small business with 15 or less employees, the leave will be accessible from August 1st 2023. It is designed to replace the previous 5 days of unpaid family and domestic violence leave under the National Employment Standards (NES). It recognises that family and domestic violence can have a significant impact on an individual’s personal and professional life, and aims to provide employees with the necessary space, time and financial security to recover from it.

Information about the leave:

A few things should be noted about the leave, where:

It is available upfront and does not accumulate if unused.
Full-time, part-time and casual employees can take this leave in a 12-month period, but it is not pro-rated for part-time or casual employees.
Employers are prohibited from including information about the leave on the employee’s pay slip.
It is a separate paid leave entitlement from paid annual leave or paid sick and carer’s leave.

Taking the leave

Employees can take this paid leave to deal with family violence that they are experiencing where it is unrealistic to handle these matters outside work hours. However, employers are entitled to reasonably ask for evidence in granting the leave. This could include, but is not limited to:

Family violence support service documents;
A statutory declaration;
Documents issues by the police;
Documents issued by the court.

Anything regarding the employee’s leave should be treated with confidentiality, and only be disclosed:

With the employee’s consent;
Where required by law;
Where it is required to protect the life, health and safety of the employee or others.

It is important to keep in mind that the employer is not allowed to discriminate against the employee for taking the leave, which means that they are not entitled to:

Ask the employee about their family violence;
Deny the employee leave;
Retaliate against the employee for taking the leave.

Payment for leave

For full-time and part-time employees, the leave is payable at their full pay rate for the hours they would have worked if they were not on leave
For casual employees, the leave is payable at their full pay rate for the hours they were rostered to work in the period they took leave.

The payment most cover the employee’s base rate plus any incentive-based payments and bonuses, loadings, monetary allowances, overtime or penalty rates, or other separately identifiable amounts.

To ensure compliance to these changes, it is important to have clear communication between the employer and the employee about the leave, and to provide any necessary details or documents in a timely manner.

Verge Legal provides legal advice in all states in Australia, contact us today if you need assistance.

This blog post provides general information and is not intended as legal advice. It may not be complete or up-to-date. For specific legal advice, please consult a qualified lawyer.