Paid Family and Domestic Violence Leave is now in effect

by | Feb 13, 2023 | Employment Law and Workplace Relations Blog

The new National Employment Standards (NES) entitlement to paid family and domestic violence leave (FDVL) came into effect on 1 February 2023.

Read our initial article on the new NES entitlement here

Non-small business employees can access paid FDVL now

Employees of businesses with 15 or more employees can now access 10 days of paid FDVL in a 12-month period under the Fair Work Act 2009.

Employees of small businesses will be able to access paid FDVL from 1 August 2023.  This is to enable small businesses with limited human resources and payroll capabilities to prepare for the implementation of the new entitlement.  However, employees of small businesses can access 5 days of unpaid FDVL currently.

Employers – what to keep in mind

Employers should ensure that their administrative systems have been updated to reflect the new entitlement.  As noted in our previous article, employees do not have to accrue the FDVL; it is available to employees as an immediate benefit.

Payslips must not list FDVL on them or include any information about the entitlement, to ensure the employee is protected should they be in a situation where the perpetrator of the family or domestic violence has access to their financial records.

Employers should also consider how it will record their employee’s attendance or inform other necessary colleagues (for example the employee’s supervisor) if the employee is absent due to taking FDVL to ensure their protection and privacy.

Get in touch

If you would like to discuss the new entitlement or need any assistance implementing it into your workplace, please contact a member of our Workplace Relations team on (08) 9321 0522.

 

Alice Dormer

Alice Dormer