From next year, employees will be able to access 10 days of paid family and domestic violence leave in a 12-month period. This includes casual and part-time employees. This new entitlement will replace the existing entitlement to 5 days of unpaid family and domestic violence leave under the National Employment Standards.

The new entitlement will be available from:

• 1 February 2023, for employees of non-small business employers (employers with 15 or more employees on 1 February 2023)
• 1 August 2023, for employees of small business employers (employers with less than 15 employees on 1 February 2023).

The full 10-day leave entitlement will be available upfront. The leave renews every year on each employee’s work anniversary. It won’t accumulate from year to year if it’s not used. Employees will continue to be entitled to 5 days of unpaid family and domestic violence leave until they can access the new paid entitlement.

Employees who are already employed when the paid leave entitlement starts in their workplace can access the full 10 days on the relevant start date. The leave then renews on the anniversary of when they started working for that employer (not on the anniversary of the relevant start date).

Employees (including part-time and casual 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 and it’s not practical for them to do so during their work hours.

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.

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.

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.

An employee can use paid family and domestic violence leave during a period of paid personal/carer’s or annual leave. If this happens, the employee is no longer on the other form of paid leave and is taking paid family and domestic violence leave instead. The employee needs to give their employer the required notice and evidence.

If you have questions in relation to the above, or any other matters, please do not hesitate to contact our office on 1300 620 345.