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The Commonwealth government has announced its new Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022.
The changes, if enacted, mean that employees would be able to access “10 days of paid family and domestic violence leave in the National Employment Standards”, which would replace the existing model of five days of unpaid leave.
Improved entitlements outlined in the bill also include: providing employees with access to their full rate of pay for the hours they would have worked had they not taken the leave, extending the definition of family and domestic violence to include conduct of current or former intimate partner of an employee, or a member of an employee’s household, and offering the full paid entitlement to all employees when the International Labour Organisation Convention concerning violence and harassment comes into force in Australia.
It is a legislative introduction that has been massively applauded by many, including Trish Ryan, legal director at Sydney Legal Consulting, who discussed the bill on a recent podcast episode featured on REB’s sister brand, HR Leader.
Ms Ryan commended the amendment, stating her belief that similar legislation will become more prevalent moving forward as governments move away from the “notion of family and domestic violence being unpaid leave”.
She noted that while some organisations have opted to implement paid leave of this nature for some time now, the new legislation creates a legal blanket throughout all workplaces, with coverage under the bill to also include casual workers.
“It will need to be handled sensitively in all organisations, and those organisations that have had these policies for a really long time have got some good practices in there,” she said.
The new laws will not require any proof — such as a doctor’s certificate for sick leave — a factor which means employers will need to create a “level of trust with the employee who is going through an incredibly difficult time that they are able to access paid leave and not be financially worse off if they need to away from the workplace for some time”.
She added that “it’s not always just the paid leave — that’s really important — but it’s just providing access to information as well, just making sure that your employees have support if they are going through a particularly difficult situation in their life”.
Importantly for Mr Ryan, the legislation removes the financial barrier that can inhibit individuals from leaving violent and harmful situations, something the legislation acknowledges.
“The financial impacts of family and domestic violence can be significant, and, in many circumstances, those affected are unable to take steps to leave violent situations without risking unemployment, financial hardship or homelessness,” the bill read.
Ms Ryan concluded that the amendment would “make a big difference for people in a difficult situation”.
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