New Entitlement Rules – Paid Family and Domestic Violence Leave

What is New Leave Entitlement?

Employees have already had the right to unpaid family and domestic violence leave (FDVL) as part of the National Employment Standards (NES).This unpaid FDVL will be converted to paid leave beginning 1 February 2023 for bigger firms and 1 August 2023 for small employers (fewer than 15 employees).

How it works?

The entitlement will be available to all employees (including part-time and casual workers) and employee’s full pay rate will be applied as if he or she had worked as normal on the day of the leave.

All employees who’ve been employed for more than six (6) months are entitled to ten (10) days of Family and Domestic Violence Leave every year. If the leave is not used during the year, it will not be accrued, but it will be renewed every year on each employee’s work anniversary.

Employees who are already employed on the commencement date of the paid leave entitlement can use the entire ten days.

Employees who begin employment after the day that paid leave becomes available at their new company will accumulate their entitlement on their anniversary date.

Key Notes on the FDVL:

• This applies to all employees, whether permanent and temporary.
• Close relatives include a spouse, partner, former partner, kid, grandchild, parent, grandparent, or sibling; or a current or past spouse or partner’s child, parent, grandparent, grandchild, or sibling. Aboriginal and Torres Strait Islander familial relatives are also included.
• The leave is available as soon as an employee begins working for a company.
• Employees must notify their employers as soon as feasible about the need for FDVL and the amount of leave they anticipate to take.
• Even if the leave duration is shorter than a day, the employer may request documentation such as police, judicial, or support agency records, or a statutory statement.

Since the new leave provision applies to all workers from the first day of work, employers should prepare for the estimated cost of the absence. If you need any assistance on setting up the FDVL on your accounting software, please email us at info@staradvisers.com.au.