With businesses becoming more aware of the impacts of home life on work, new legislation has come in to better provide for employees experiencing Family and Domestic Violence.
Starting on February 1st, 2023, employees of larger employers in Australia now have a paid leave entitlement for Paid Family and Domestic Violence Leave (FDVL).
Employees of small employers (fewer than 15 employees) will have access to the same leave from August 1st, 2023.
This article will discuss the eligibility criteria, proof requirements, and the importance of planning for increased payroll costs for the new FDVL entitlement.
Eligibility for Family and Domestic Violence Leave
- This applies to all employees, permanent and casual
- Leave is available as soon as an employee starts with an employer
- Employees must inform the employer as quickly as possible about the need for FDVL and the expected length of leave
- Close relatives include a spouse, partner, former partner, child, grandchild, parent, grandparent, or sibling; or the child, parent, grandparent, grandchild, or sibling of a current or former spouse or partner, as well as Torres Strait Islander and Aboriginal kinship relatives
- The employer can ask for evidence such as police, court, or support service documents or a statutory declaration, even if the leave period is less than a day.
Paid FDVL Entitlement
- Employees can access ten days of paid leave in 12 months
- The total pay rate will apply as if the employee had worked as usual on the day of the leave
- The break does not roll over and accumulate
The Importance of Planning for Increased Payroll Costs
Since the new leave provision applies from day one of employment for all employees, employers should plan for the potential cost of the leave. While it’s unlikely that all employees will take this leave, preparing for the possible price means you won’t get caught if you do have to pay FDV leave, particularly for casual workers.
The new entitlement rules for Paid Family and Domestic Violence Leave provide support and protection to employees dealing with domestic violence or abuse. Employers should educate themselves on the eligibility criteria and proof requirements and plan for increased payroll costs to ensure they are prepared for the new entitlement.