Changes to leave entitlements.

Paid family and domestic violence leave

From 1 February 2023, all full-time, part-time and casual employees who work for large or medium businesses (being more than 15 employees) will have access to paid family and domestic violence leave (“FDVL”) under the Albanese Government’s Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022.

The Bill amends the entitlement from 5 unpaid leave days to 10 days paid FDVL for an employee who is experiencing family and domestic violence and they need to do something to deal with the impact and it is impractical to do it outside of work hours e.g. attending court hearings, making safety arrangements, attending counselling, appointments with medical, financial or legal professionals etc.

Employees are entitled to the full 10 days upfront and resets on the employee’s work anniversary, meaning the leave is not accrued annually.  FDVL does not accumulate from year to year if it is not used.

Small businesses (being less than 15 employees) will have an additional six months to adjust to the change, meaning the start date for those employees will be August 1, 2023.

The Bill provides specific rules in relation to an employer’s treatment of FDVL.

Payment for FDVL

Employers must pay FDVL as follows:

• Full-time and part-time employees at their full rate of pay, on the basis that the employee had not taken the period of leave; and

• Casual employees at their full rate of pay or pay for the hours they were rostered to work in the period they took leave.

Payment must cover the employee’s full rate plus any incentive-based payment and bonuses, loadings, monetary allowances etc.

Payslips

Employers will need to keep a record of leave balances and any FDVL taken by employees.  However, payslips must not mention FDVL, including any leave taken and leave balances.

If you need assistance recording FDVL within your business’s payroll system, please get in touch with us.

Evidence

When an employee needs to take FDVL, they must let their employers know as soon as possible.  Employer’s can request evidence but this can only be used to satisfy employer’s that employee is entitled to this leave.  Evidence that could be asked for includes, but is not limited to:

• Medical Certificates;

• Documents issued by police services or a court; and/or

• Statutory declaration.

Notifying Staff

The Fair Work Information Statement must be supplied to all new employees when they begin their employment or earlier.

In addition to the Information Statement, casual employees must be supplied the Fair Work Casual Employment Information Statement. These information Statements can be downloaded from the Fair Work Ombudsman website.

If you require any further information in relation to FDVL or require assistance within your payroll system, please get in touch with us.