Paid Family and Domestic Violence Leave: What Employers Need to Know
Paid Family and Domestic Violence Leave Entitlements
Domestic violence is a serious issue that affects many Australians. It is estimated that one in six women and one in 16 men have experienced physical or sexual violence from a current or former partner since the age of 15. In Australia, paid family and domestic violence leave entitlements are now available to employees under the Fair Work Act 2009.
The Fair Work Amendment (Better Jobs Secure Pay) Bill received royal assent on December 6. A number of significant amendments have arisen from this Bill including the introduction of paid family and domestic violence leave for all employees covered by the national workplace relations system. This includes full-time, part-time, casual and seasonal workers. The provisions take effect from 1 February 2023 for employers with 15 or more employees, and 1 August 2023 for employers with under 5 employees.
Fair Work Provisions
Under the new laws, employees can take up to 10 days of paid family and domestic violence leave if they need to deal with the impact of family and domestic violence and it’s impractical for them to do so outside their ordinary hours of work. This could include attending court hearings, making arrangements for their safety such as changing locks at home or attending medical appointments.
Employees can also use this leave to support a member of their immediate family who is experiencing family or domestic violence. Immediate family members include parents, children, siblings, grandparents, grandchildren and spouses or de facto partners.
Family and Domestic Violence Leave: Pay Slips and Record Keeping
Employers must not discriminate against an employee who has taken or intends to take paid family and domestic violence leave. They must also keep any information about an employee’s use of this type of leave confidential unless required by law or with the employee’s consent.
It is now an imperative under the Fair Work Regulations that an employee’s use of Family and Domestic Violence Leave must not be recorded on pay slips as Family and Domestic Violence Leave and employers must now review their pay systems to ensure that they are compliant with this obligation.
Requests for Flexible Working Arrangements
From 6 June employees experiencing family and domestic violence, or who support family/household members who experience family and domestic violence will have the right under the Fair Work Act to request flexible working arrangements. Employers must not unreasonably refuse a request and they have an obligation to discuss the request with the employee and to explore alternative arrangements if the one proposed by the employee cannot be accommodated.
Employer’s Response to Disclosures of Family and Domestic Violence Leave
Employers can support employees who are experiencing domestic and violence leave in a number of ways:
- Be aware of the entitlements available to the employee
- Implement safety measure to ensure the workplace is safe and secure to ensure employees experiencing family and domestic violence are safe while at work
- Be aware of the support services available to employees experiencing family and domestic violence leave and offer assistance to access the services
- Respect the privacy of the individual and maintain confidentiality at all times
Implications
It is important that employers understand their obligations when it comes to providing paid family and domestic violence leave for their employees and it is also important that employers review their business systems and procedures in relation to how they respond and deal with family domestic violence amongst their workforce.
If you are an employer looking for more information about your obligations under the new law, please get in touch via our Contact Form or by emailing megan@mmchr.com.au . We can provide advice on how best to implement these changes in your workplace as well as answer any questions you may have about your rights as an employer under the Fair Work Act 2009.