Preparing for the New Paid Family and Domestic Violence Leave Entitlements
Preparing for the New Paid Family and Domestic Violence Leave Entitlements
As HR consultants, it is our responsibility to help businesses understand and navigate the complexities of labour laws. The new paid family and domestic violence leave entitlements call for special attention, requiring sensitivity towards requests for leave, a thoughtful approach to confidentiality, payslip reporting, and overall policy implementation.
In this blog we we’ll break down the implications of these entitlements, discuss the importance of confidentiality, explain the necessary changes, and provide a roadmap for businesses to prepare effectively.
Understanding Paid Family and Domestic Violence Leave Entitlements
Family and domestic violence is a pervasive issue that impacts society at large and, by extension, the workplace. Recognising this, the Government has amended the family and domestic violence leave provisions under the National Employment Standards to provide paid leave entitlements to support employees grappling with such circumstances.
Under these entitlements, employees subjected to family or domestic violence can take paid up to 10 paid days of family and domestic violence leave to manage their personal situations without worrying about income loss. They can use this time to seek legal help, attend court proceedings, arrange safer living conditions, or access medical and counselling services.
Who Is Eligible?
These leave entitlements are inclusive, covering full-time, part-time, and casual employees. They apply to all workers who experience family or domestic violence or need to support a close family member experiencing such circumstances.
Confidentiality
Given the sensitive nature of family and domestic violence, it’s critical that employers handle these situations with the utmost discretion. Any information concerning an employee’s request or use of this leave should remain strictly confidential.
Employers must take necessary measures to protect this sensitive information, adhering to all relevant data privacy regulations. This extends to the preparation of payslips as well.
Impact on Payslip Records
A critical question raised in relation to these entitlements pertains to payslip recording. It’s vital to note that instances of family and domestic violence leave should not be explicitly recorded on payslips. Given the sensitive nature of this leave type, doing so would risk disclosing confidential information and potentially subject the employee to further harm. It is also unlawful to print this information on payslip records.
Instead, this leave can be grouped under a more general leave category, such as “personal leave” or “special leave” on payslips. This approach maintains confidentiality while still accurately reflecting an employee’s leave balance.
Implications for Employers
The introduction of paid family and domestic violence leave entitlements is a significant development with a wide-ranging impact on employers.
- Cost implications: The immediate thought for many employers is the cost implication. While it is true that paying for leave may increase immediate outgoings, supporting employees through challenging times can enhance staff loyalty, productivity, and overall morale, which can translate into long-term cost savings.
- Productivity and scheduling: There may be changes in staffing and scheduling as affected employees take leave. Employers need to ensure business continuity and may need to consider temporary replacements or re-distributing workloads.
- Workplace culture: On a more positive note, these entitlements can help foster a supportive work culture where employees feel valued and safe. This can enhance employer branding and talent retention.
Getting Ready for the New Entitlements
Implementing new regulations can seem daunting, but with a proactive approach, you can ensure your business is well-prepared.
- Update policies and procedures: Review and update your company’s leave policies to include these new entitlements, ensuring alignment with legislative requirements.
- Communication: Inform your staff about the new leave entitlements and how they can be accessed, emphasising the confidential nature of this leave.
- Training: Provide training for Managers to handle these sensitive issues appropriately.
- Support mechanisms: Consider implementing an Employee Assistance Program (EAP) to provide additional support for affected employees.
- Adapt Payslip Systems: Update your payroll system to ensure family and domestic violence leave is recorded discreetly under a general category. Ensure that your payroll team understands this change and the reasons for it.
- Plan for business continuity: Develop a contingency plan for potential disruptions due to these leave entitlements. This might involve cross-training employees or hiring temporary staff.
The introduction of paid family and domestic violence leave entitlements marks a significant step forward in supporting employees facing these challenging situations. As employers, it is essential to foster a workplace culture that values employee wellbeing and supports them through difficult times.
By preparing for these changes now, you can ensure a smooth transition and create a supportive environment that benefits both your employees and your business.
If you need help preparing for the new paid family and domestic violence leave entitlements contact us at hello@mmchr.com.au or call us on 07 4243 5977.