Changes To Paid Family and Domestic Violence Leave

The amendment to the Fair Work (Paid Family and Domestic Violence) Act was recently passed to entitle paid family and domestic violence leave to Australian workers.

These obligations came into effect on the 1^st of February 2023 for businesses with more than 15 employees, but small businesses have been provided with an extra six months to prepare. Employees of small businesses will not be entitled to access the leave until the 1^st of August 2023.

The Fair Work (Paid Family and Domestic Violence) Act now entitles all employees, including casuals, to 10 days of paid family and domestic violence leave in a 12 month period. This replaces the previous entitlement to 5 days of unpaid family and domestic leave.

There is a family and domestic violence epidemic in Australia, with one in four Australian women having experienced family or domestic violence. On average, one woman is murdered by their current or former partner every week.

Recent studies have also shown that 54.8% of Australian small business owners either have observed or suspect one of their employees are experiencing family or domestic violence. It also found that 31.4% of business owners weren’t sure how to help employees facing domestic violence or how to manage its impact on their business.

This isn’t just a social crisis, it is also a workplace health and safety issue. Employees experiencing family and domestic violence can have lower productivity and be frequently absent, which costs businesses roughly $2 billion per year.

If your business is in a position to help, consider offering cash advances or free counselling to support staff who want to leave a domestic or family violence situation.

It is important to note that whilst small businesses legally do not have to provide 10 days of paid family and domestic violence leave to their employees until the 1^st of August, you can honour the new Act if you have the means to do so. At a minimum, you are still legally required to provide 5 days of unpaid family and domestic violence leave until the 1^st of August.

To read more about the Amendments to the Fair Work (Paid Family and Domestic Violence) Act, visit the Fair Work website here.