As of 1st February 2023. Employees of non-small business employers can now access 10 days of paid family and domestic violence leave in a 12 month period.
Employees employed by Small Business (employers with less than 15 employees) can access the leave from 1st August 2023. Until then,
they can continue to take unpaid family and domestic violence leave.
All employees in the Fair Work System (including part-time and casual employees) will be entitled to paid family and domestic violence leave. This new entitlement replaces the existing entitlement of 5 days of unpaid family and domestic violence leave under National Employment Standards (NES).
Employees are entitled to the full 10 days upfront, meaning they will not have to accumulate it over time. The leave does not accumulate from year to year if it is not used.
The leave will renew on their work anniversary for that employer (not on the anniversary of the relevant start date).
Under the new provisions, an employee is experiencing family and domestic violence if the employee's close relative, current or former
intimate partner, or member of their household both:
- Seeks to coerce or control them and cause harm or fear
- Is violent, threatening or behaves in another abusive way.
A close relative is:
- An employee's
- a child, parent, grandparent, grandchild or sibling of an employee's current or former spouse or de-facto partner, or
- a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.
1800RESPECT is the national domestic, family and Sexual violence counselling, information and support service. If you or someone you know is experiencing, or at risk of experiencing domestic, family or sexual violence, call 1800 737 732 or visit 1800RESPECT.org.au
For any further information regarding Paid Family Domestic Violence leave please go to www.fairwork.gov.au/leave/family-and-domestic-violence-leave
