The 10 days of paid FDVL will be included as a National Employment Standard (NES) in the FW Act, and will replace the current entitlement of 5 days unpaid FDVL.
The Government has accepted an amendment to the Bill by the Senate for an independent review of the provisions of the Bill 12 months after its commencement to make sure that the entitlement is working for both employers and employees who are experiencing family and domestic violence.
Entitlement available to all national system employees
The paid FDVL will be available to all employees, including casual employees, and will be available upfront at the commencement of each year. This means employees do not have to accrue the FDVL, unlike some of the other paid leave entitlements.
Non-national system employees/WA state system employees and state referral employees will also be entitled to the paid FDVL once the ILO Convention (No 190) concerning Violence and Harassment (Convention) is ratified and comes into force for Australia. This means that the amendments made by the Bill will not come into effect for non-national system employees and state referral employees unless and until the Convention comes into force in Australia.
Uses for paid FDVL
An employee who is experiencing family and domestic violence can take the leave if they need to do something to deal with the impact of the violence, and it would be impractical for them to do it outside their work hours. For example, attending court hearings, attending counselling, accessing police services and attending appointments with legal, financial or medical professionals.
Pay rate for paid FDVL
The paid FDVL will be payable at the rate the employee would have earned had they worked instead of taking the leave. For casual employees, the rate of pay will be worked out as if the employee had worked the hours in the period for which the casual employee was rostered.
The employee’s payslip will not be allowed to list FDVL on it, or include any information about the employee’s paid FDVL entitlement, a measure to protect those in situations of coercive control or where the perpetrator has access to the employee’s financial records. This is because the appearance of FDVL on a payslip could put the employee at risk.
Meaning of family and domestic violence extended
The Bill will amend the definition of ‘family and domestic violence’ to now include the conduct of a current or former intimate partner of an employee, or a member of an employee’s household. Previously, it only included conduct of a ‘close relative’ which is defined as a member of the employee’s immediate family, or is related to the employee according to Aboriginal or Torres Strait Islander kinship rules.
Be prepared
The new NES entitlement will commence on 1 February 2023. For small business employers, the new entitlement will take effect on 1 August 2023, to recognise the needs of small businesses with limited human resources and payroll capabilities.
Employers should start to make necessary administrative adjustments now, such as adjustments to payroll systems, to ensure they are ready to implement the new entitlement early next year.
Get in touch
If you would like to discuss these amendments, please contact our Workplace Relations Team
