10 Days of Paid Family and Domestic Violence Leave Effective from 1 February 2023
As of 1 February 2023, all employees of non-small business employers (including part-time and casuals) will be able to access 10 days’ paid family and domestic violence leave (FDVL) in each 12-month period.
Small business employees can access this paid leave from 1 August 2023. Until then, they are entitled to take unpaid family and domestic violence leave.
To access this paid leave, in accordance with the Fair Work Act requirements, employees will need to provide notice and show evidence that they require the leave to respond to the impact of family and domestic violence, where it is not practical for them to do so outside of working hours. Employers must accept the evidence, provided that a reasonable person would be satisfied that the employee was entitled to take the leave.
Important payroll implications for businesses
- FDVL is counted and paid as time worked. Therefore, an employer must pay the leave at the employee’s full pay rate (inclusive of incentive-based payments and bonuses, loadings, monetary allowances and overtime).
- FDVL is reset annually, meaning it does not accrue and each year on the anniversary of employment, the leave count renews to 10 days.
- From February 2023, employers must not include information relating to FDVL on the payslip. This includes the balance of leave and when it was taken. FDVL taken by an employee must be recorded on a play slip as ordinary hours of work or another kind of payment for performing work, such as an allowance, bonus or overtime payment.
- The balance of or taking of FDVL cannot be displayed on any employee timesheet and attendance portal. There should also be no email or text trail of an employee applying or being permitted this leave. Businesses should restrict record keeping and communication to in person and in writing (in an employee’s physical file) at the workplace only. This is a big change from usual payroll requirements and is for the safety of the victim, as domestic violence offenders will often have access to the victim’s email, work logins and physical mail.
- Written notes between the employer and employee that the employee has signed off on should be securely stored to provide evidence that the business has engaged with the employee and provided access to the entitlement, should a future dispute arise as part of an unfair dismissal or adverse action claim.
Suggested Actions for Employers
- inform payroll about the rules in relation to providing family and domestic violence leave information on payslips
- review or develop a workplace policy which provides guidance for employees who experience family and domestic violence, in respect to accessing leave or additional support
- implement an Employee Assistance Program (EAP) to provide an anonymous and confidential forum for employees to express their concerns with trained professionals.
If you would like further guidance or assistance with developing policies and procedures regarding FDVL, implementing new payroll processes, having difficult conversations with employees, or implementing an EAP, please do not hesitate to contact the team at Allan Hall HR.
Contact us
Our experienced HR Consultants are available to support you with any employee-related questions. Please get in touch with us today on 1300 675 393 or at [email protected] .