What you need to know about Paid Family and Domestic Violence Leave

From 1 August 2023, all businesses are required to pay their employees up to 10-days paid Family and Domestic Violence Leave. In November 2022, the Australian Government made significant changes to the Fair Work Act 2009 (“the Act”) and the National Employment Standards in November 2022 through the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022. This is an increase from the previous entitlement under the National Employment Standards which only entitled employees to 5 days of unpaid leave.

The purpose of this new leave entitlement is to enable all employees to take the leave if they need to deal with the impact of family and domestic violence and it is not practical for them to do so outside work hours. The Australian Bureau of Statistics estimated 3.8 million Australians (20%) aged 18 years and over have experienced family and domestic violence since the age of 15 (ABS, 2021-22 Personal Safety Survey (PSS), 15 March 2023).

Family and domestic violence is defined by the Act as ‘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 and causes them harm or to be fearful.’ Family and Domestic Violence Leave will allow employees to arrange for their safety, attend court hearings, access police services, attend counselling and other appointments for example.

In keeping with other leave, the employee will need to give their employer required notice and evidence as soon as possible. Types of evidence that an employee can provide includes a statutory declaration or documents issued by the police, court, medical practitioner, or support service.

Employers need to remember that they are held to a high standard of confidentiality when dealing with their employee’s personal information both under the Act and the Australian Privacy Principles, generally. Under the Act, an employer cannot use information obtained from the employee for other purposes unless the employee consents, where required by law, or it is necessary to protect the life, health or safety of the employee. Employers need to be mindful then that breaches of confidentially may occur when information about an employee’s situation is shared within the organisation, for example for pay roll purposes.

For that reason, it is important for employers to note that when keeping a record of leave balances and creating payslips, that they must not mention that paid domestic and family violence leave was taken, due to potential monitoring of the employee’s finances. Family and Domestic Violence Leave is not pro-rated as each employee’s entitlement is available upfront and renews every year for the employee on their work anniversary.

The risk of family and domestic violence is greater for employees who work from home. Employers are encouraged to discuss with their employees who work remotely any concerns with respect to their health and safety and provide an alternative work environment, where working from home is no longer a safe option for the employee.

If your business has not adopted a policy and procedure for meeting these new requirements, we strongly suggest you seek advice.

Our principal lawyer, Kayte Lewis, will be discussing the new paid family and domestic violence entitlement in greater detail at our upcoming Employer Breakfast on 1 November 2023. If you would like to attend one of our Employer Breakfasts or provide other workplace training, email us at voice@voicelawyers.com, give us a call at 02 9261 1954 or use the link on our website to book a consultation to speak with one of our lawyers.

This article is general in nature and is not legal advice. If you need help with an Employment Law matter or require assistance with updating your workplace procedures and policies, Voice Lawyers hear you. We help people navigate the complexities of workplace laws with confident, practical advice.