New paid family and domestic violence leave has come into effect for employers with 15 or more employees. for businesses with under 15 employees, access will be from 1 August 2023.
Under the new legislation, employees will be able to access 10 days of paid family and domestic violence leave in a 12 month period.
The full allocation of leave (10 days per 12 months) is available to full time, part time and casual employees and is not pro-rated. It is available up front and won’t accumulate from year to year if not used. The leave will renew every year on the employees work anniversary.
Employees who are already employed when the paid leave entitlement starts in their workplace can access the full 10 days on the relevant start date. The leave then renews on the anniversary of when they started working for that employer (not on the anniversary of the relevant start date).
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 fear.
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 rules.
If you’re not sure how these new rules effect you, don’t hesitate to reach out to our team. You can also learn more on the Fair Work Ombudsman’s website.