Paid Family and Domestic Violence Leave starts Today

With effect from 1 February 2023, full-time, part-time and casual employees can access 10 days of paid “family and domestic violence leave” (FDV Leave) each year.

Key points:

• FDV Leave commences today, other than for employees of small business employers (employers with less than 15 employees) who receive the entitlement from 1 August 2023.

• FDV Leave is available upfront and won’t accumulate from year to year if unused.

• FDV Leave renews every year on an employee’s start date anniversary.

• Employees may access FDV Leave where experiencing “family and domestic violence” and need to do something to deal with the impact of that violence.

• “Family and domestic violence” is violent, threatening or other abusive behaviour by an employee’s close relative, a current or former intimate partner, or a member of their household that both:

  • seeks to coerce or control the employee; and

  • causes them harm or fear.

• Examples include the employee needing time off work to attend court hearings, access police services or make accommodation arrangements for their safety.

• Payment for FDV is at the employee’s full-rate of pay (for casuals, payment only for their rostered hours).

• To reduce the risk to the employee’s safety, employee pay slips must not mention family and domestic violence leave.

• Employers can request evidence that would satisfy a reasonable person that the leave is for FDV (e.g. a statutory declaration or letter from a lawyer).