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Employees who are experiencing family and domestic violence will be able to access 10 days of paid leave on an annual basis, thanks to a new policy set to take effect next month.
Announced in November by the Fair Work Ombudsman, the new leave policy will take effect on 1 February 2023 for employees of non-small-business employers (with 15 or more workers) and on 1 August 2023 for small-business employers (with less than 15 employees).
The changes will replace the current employee entitlement of five days of unpaid leave available for family and domestic violence under the National Employment Standards.
The new leave policy will be accessible to employees upfront and won’t accumulate year to year if it is not utilised within the 12-month period.
This means existing employees will be able to avail 10 days of leave from the start of the new leave provisions accordingly, and the 10 days will be subsequently renewed on the employee’s work anniversary.
Meanwhile, employees who start work on or after the leave entitlements take effect will be able to avail of the full 10 days from their commencement date.
According to the Fair Work Ombudsman, the family and domestic violence leave is afforded to employees who require time off from work to deal with the impact of family and domestic violence.
This includes attending court hearings, counselling, medical appointments, or making arrangements for their personal or their family’s safety (including relocation).
Under the new provisions, family and domestic violence are defined as violent, threatening or other abusive behaviour or acts 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 fear.
The leave applies to all employees — including full-time, part-time, and casual — under the Fair Work System, which covers most Australian workplaces.
Employers will need to pay full-time and part-time employees who avail of the leaves at their full rate of pay. Similarly, casual employees will also be paid at their full rate or pay for the hours they were rostered to work in the period they took leave.
In addition to employers covering payment for the employee’s full rate, any incentive-based payments and bonuses, loadings, monetary allowances, overtime or penalty rates, and any other specific identifiable amounts should also be paid out by the workplace.
Employers who fail to comply with the new leave entitlements may find themselves facing a breach of the civil remedy provisions in the Fair Work Act and potentially exposed to monetary fines and other court orders.
The Fair Work Ombudsman stated that the new leave would be reviewed after 12 months to consider its impacts on small businesses, sole traders, and people experiencing family and domestic violence.
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