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New Paid Family and Domestic Violence Leave Provisions

As of 1 February 2023, employees will be entitled to 10 days of paid family and domestic violence leave within a 12-month period. This will apply to employees of small business employers from 1 August 2023.

The leave:

  • is paid at employee’s ordinary rate including loading, allowances and penalty rates; and
  • does not accumulate if not used but renews on the employee’s work anniversary each year.  

For an employee to be eligible for the leave, they must: require time to complete an action associated with the impact of family and domestic violence that cannot be done outside of work hours. For instance, attending court hearings, police services, counselling or other appointments or making arrangements for themselves or a close relative’s safety.

Domestic violence includes where a close relative, current or former intimate partner or household member seeks to coerce or control an employee or cause them harm or fear. Close relatives include an employee’s current or former spouse, de facto partner, child, parent, grandparent, grandchild, or sibling. It also includes the employee’s current or former spouse’s child, parent, grandparent, grandchild, or sibling and other close relationships under Aboriginal or Torres Strait Islander kinship rules.

An employer may ask for evidence that the leave is required. For instance, documents from the court, police service, domestic violence support service or a statutory declaration. Employers will be under a duty to keep this information confidential and not to disclose it.

From now until February (or August for small business employers), employees remain entitled to the 5 days unpaid leave for family and domestic violence.

If you have any questions about your entitlements or how these changes will affect your business contact us at [email protected] or call 4861 2345.

Please note this blog is general in nature and for information purposes only and should not be relied on for legal advice. Should you require advice regarding the information in this email please contact us so we may provide advice specific to your needs and circumstances.

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