Are you across the new paid Family and Domestic Violence Leave laws and regulations?

Full-time, part-time and casual employees (except those employed by small businesses) are able to access 10 days of paid Family and Domestic Violence Leave (FDVL) from 1 February 2023. What does this mean for employers?

Firstly, what's changed?

  • 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 (FDVL);

  • Previously, only full-time and part-time employees could access FDVL and only up to 5 days of unpaid leave in a 12-month period;

  • The full 10-day paid leave entitlement will be available upfront on and from 1 February 2023 (today) and can be taken in a single block or in any other manner.

Small businesses

  • Employees of small businesses (fewer than 15 employees) can access paid FDVL on and from 1 August 2023.

When can paid FDVL be accessed?

Full-time, part-time and casual employees may apply for paid FDVL if:

  • they experience family and domestic violence;

  • they need to do something to deal with the impact of the family and domestic violence; and

  • it is not practical to deal with the family and domestic violence outside their ordinary hours of work (for e.g., to attend Court, access police services, attend counselling, or to obtain legal, financial or medical advice and assistance).

What are the obligations on an employer?

  • Paid FDVL is now a National Employment Standard;

  • Paid FDVL has strict record-keeping and non-disclosure requirements, including ensuring information concerning paid FDVL is not disclosed on employee pay slips;

  • A contravention of these requirements by an employer can lead to civil penalties of up to $16,500 for an individual, and $82,500 for corporation, per breach;

  • There may also be consequences for employers who treat an employee adversely or unfairly, for accessing paid FDVL, including adverse action claims under the Fair Work Act 2009 (Cth).

What should employers do now?

We recommend that employers seek our assistance in taking the following actions immediately:

  • Update your employment contracts;

  • Prepare and implement a Family and Domestic Violence Leave Policy at your workplace;

  • Update your induction processes to ensure all new employees understand the policy and how to seek support;

  • Ensure your payroll and finance systems are compliant with confidentiality requirements.

We are here to help you with any of these changes. Please contact Dean Schubert and our Employment and Workplace Relations team for advice.

The material in this article was correct at the time of publication and has been prepared for information purposes only. It should not be taken to be specific advice or be used in decision-making. All readers are advised to undertake their own research or to seek professional advice to keep abreast of any reforms and developments in the law. Brown Wright Stein Lawyers excludes all liability relating to relying on the information and ideas contained in this article.

 

contact

Dean Schubert

Senior Associate
E dxs@bwslawyers.com.au
P 02 9394 1090

 
Workplace RelationsLauren CantDean Schubert