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Everything you need to know about paid family and domestic violence leave
Freya Lucas
Jul 24, 2023
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Earlier this year early childhood education and care (ECEC) approved providers in services with 15 or more employees became aware of Family and Domestic Violence Leave provisions which have been added to the National Employment Standards (NES).
Essentially, the leave changes mean that employees in organisations or businesses with more than 15 employees are now entitled to 10 days of paid family domestic violence leave. This includes part-time and casual employees.This provision came into effect from 1 February 2023.
From 1 August 2023, the same leave will also be available to employees in organisations with less than 15 employees. Until this time, employees in businesses with fewer than 15 employees are able to continue to access unpaid domestic and family violence leave.
Information will be provided below to support employers and employees understand this leave provision. Some of the content may be unsettling for readers.
In the event that further support is needed, please contact 1800RESPECT, the national domestic, family and sexual violence counselling, information and support service.
If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au.
Who can take paid family and domestic violence leave?
All employees of non-small business employers can access 10 days of paid family and domestic violence leave each year. This includes part-time and casual employees.
A non-small business employer is one with 15 or more employees on 1 February 2023.
Employees must be experiencing family and domestic violence to be eligible to take paid family and domestic violence leave.
When employees become eligible for this paid leave, it replaces their previous entitlement to five days of unpaid family and domestic violence leave.
The entitlement to paid family and domestic violence leave comes from the National Employment Standards (NES). It is a standalone minimum leave entitlement, like paid annual leave or paid sick and carer’s leave.
How is family and domestic violence defined?
Family and domestic violence means violent, threatening or other abusive behaviour by certain individuals known to an employee that both:
- seeks to coerce or control the employee; and,
- causes them harm or fear.
The individual could be:
- an employee's close relative;
- a member of an employee's household; or,
- a current or former intimate partner of an employee.
A close relative is:
- an employee's:
- spouse or former spouse
- de facto partner or former de facto partner
- child
- parent
- grandparent
- grandchild
- sibling
- an employee's current or former spouse or de facto partner's child, parent, grandparent, grandchild or sibling; or,
- a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.
How does the leave accrue?
An employee’s paid leave entitlement is available in full immediately and resets on the employee’s work anniversary. It doesn’t accumulate from year to year.
Paid family and domestic violence leave is a standalone leave entitlement. This means employees get it separately from other types of leave, such as annual leave or paid sick and carer’s leave.
Example: accessing paid leave for non-small business employees
Amy is a full-time employee who started working for a large early childhood chain on 7 September 2020.
From 1 February 2023, Amy is entitled to 10 days of paid family and domestic violence leave.
In June 2023, Amy uses two days of paid leave to deal with the impact of family and domestic violence by accessing police services and attending counselling. Her leave balance reduces to eight days.
Amy’s entitlement to paid family and domestic violence leave renews to 10 days on 7 September 2023. This is the anniversary of her start date with her employer.
Registered and enterprise agreements
Employers and employees should check any agreement that applies to them, to see if it provides any additional entitlements or conditions for dealing with family and domestic violence.
Eligible employees get 10 days of paid family and domestic violence leave even if their agreement provides less. This is because the NES always applies as the minimum entitlement, even if an award or agreement provides less.
Types of agreements include:
- registered agreements
- enterprise awards
- state reference public sector awards.
Workplace policies
Some businesses may provide paid or unpaid family and domestic violence leave entitlements in their employment contracts or workplace policies.
If an employment contract or workplace policy has less than the minimum entitlement in the NES, the NES entitlement applies. This means eligible employees get 10 days paid leave to deal with family and domestic violence, even if a contract gives less.
Example: Workplace policies about family and domestic violence leave
Jo is entitled to 10 days of paid family and domestic violence leave each year under the NES.
Jo’s employer also has a family and domestic violence leave policy that provides all employees with an entitlement to two days of paid family and domestic violence leave each year.
Jo’s entitlement under the NES is more generous than their employer’s policy. This means Jo is entitled to 10 days of paid family and domestic violence leave each year.
Tools and resources
The Fair Work Ombudsman has the following tools and resources to assist employers and employees to understand the changes:
- Employer guide to family and domestic violence
- Family and domestic violence fact sheet
- Difficult conversations in the workplace - employee course
- Difficult conversations in the workplace - manager course
Related information
The Fair Work Ombudsman has the following related information which may support:
- Taking paid family and domestic violence leave
- Notice and evidence for paid family and domestic violence leave
- Employer guide to family and domestic violence
- Sick and carer's leave
- Annual leave
The information above has been compiled from the Fair Work Ombudsman website, here.
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