New PAID Family & Domestic Violence Leave

Employees (full-time, part-time, and casual), will soon be able to access 10 days of paid family and domestic violence leave in a 12-month period.

This will replace the current 5 days of unpaid leave available to affected employees.

Employees will be entitled to the full 10 days upfront, meaning they won’t have to accumulate it over time. The leave won’t accumulate from year to year if it isn’t used. The leave will renew every year on an employee’s work anniversary.

The new leave entitlement will be available from:

  • 1 February 2023, for employees of non-small business employers (employers with 15 or more employees on 1 February 2023) 
  • 1 August 2023, for employees of small business employers (employers with less than 15 employees on 1 February 2023

Reasons for requiring this type of leave could include:

  • 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 professionals

An employer can ask for evidence from an employee when the leave is applied for. Types of evidence can include:

  • documents issued by police
  • documents issues by court
  • family violence support service documents or
  • statutory declaration

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

Reporting paid Family and Domestic Violence Leave on payslips has very specific rules – read our blog here to find out more!

For more information go to the Fair Work website.

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