Paid Family and Domestic Violence Leave

Employees of non-small business employers can now access 10 days of paid family and domestic violence leave in a 12- month period.

Employees of small businesses (employers with less than 15 employees) can access the leave from 1 August 2023.

Key points

Full-time, part-time and casual employees will be able to access 10 days of paid family and domestic violence leave in a 12-month period. It won’t be pro-rated for part-time or casual employees.

The full 10-day leave entitlement will be available upfront. It won’t accumulate from year to year if it’s not used.

From 1 February 2023, there are rules about information that must not be included on an employee’s pay slip relating to paid family and domestic violence leave.

Employees will continue to be entitled to 5 days of unpaid family and domestic violence leave until they can access the new paid entitlement.

The new leave will be independently reviewed after 12 months to consider the impacts on small businesses, sole traders and people experiencing family and domestic violence.

How the leave renews

The leave renews every year on each employee’s work anniversary. It doesn’t accumulate from year to year if it isn’t used. Employees who start on or after the date that the paid leave entitlement becomes available at their new workplace can access the full 10 days from their first day. The leave will renew on their work anniversary.

Taking family and domestic violence leave

Employees (including part-time and casual employees) can take this paid leave if they need to do something to deal with the impact of family and domestic violence.

This could include, for example, the employee:

  • making arrangements for their safety, or the safety of a close relative (including relocation)
  • attending court hearings
  • accessing police services
  • attending counselling
  • attending appointments with medical, financial or legal

 
Meaning of family and domestic violence

Under the new provisions, family and domestic violence means violent, threatening or other abusive behaviour 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
  • causes them harm or

 
A close relative is:

  • an employee’s spouse or former spouse, de facto partner or former de facto partner, child, parent, grandparent, grandchild, sibling
  • a child, parent, grandparent, grandchild or sibling of an employee’s current or former spouse or de fact partner, or
  • a person related to the employee according to Aboriginal or Torres Strait Islander kinship

 
Payment for leave

Full-time and part-time employees can take paid family and domestic violence leave at their full pay rate for the hours they would have worked if they weren’t on leave.

Casual employees will be paid at their full pay rate for the hours they were rostered to work in the period they took leave.

An employee’s full pay rate is their base rate plus any:

  • incentive-based payments and bonuses
  • loadings
  • monetary allowances
  • overtime or penalty rates
  • any other separately identifiable

 
Interaction with other paid leave

An employee can use paid family and domestic violence leave during a period of paid personal/carers or annual leave. If this happens, the employee is no longer on the other form of paid leave and is taking paid family and domestic violence leave instead. The employee needs to give their employer the required notice and evidence.

Pay slip requirements

From 1 February 2023, there are rules about information that must not be included on an employee’s pay slip relating to paid family and domestic violence leave. This is to reduce the risk to an employee’s safety when accessing paid family and domestic violence leave.

Employers need to keep a record of leave balances and any leave taken by employees. However, pay slips must not mention family and domestic violence leave, including any leave taken and leave balances.

For more information click here.