What is the new Family and Domestic Violence Leave Legislation?
A change to the Fair Work Act now provides 10 days of paid family and domestic violence leave to employees. This legislation, which came into effect on 1 August 2023, has significant implications for small business employers in Australia. Supporting employees during difficult times is essential, and this legislation aims to provide necessary support for those experiencing family and domestic violence.
Key Points:
- Paid leave entitlement: From 1 August 2023, employees of small businesses can access 10 days of paid family and domestic violence leave in a 12-month period.
This entitlement replaces the previous provision of 5 days of unpaid family and domestic violence leave under the National Employment Standards.
- Eligibility: Full-time, part-time, and casual employees are eligible for this paid leave. It is not pro-rated for part-time or casual employees.
- Supporting Employees: Employers need to understand what family and domestic violence is and how it affects workplaces. Small businesses should develop a workplace response to managing family and domestic violence, including the support and referral services available. It is important to familiarise yourself with the role of the Fair Work Ombudsman and how they can assist employers in handling these issues.
- Compliance: Small business owners must keep appropriate records to ensure compliance with the new leave entitlements.
To help you navigate your workplace obligations we have free, plain English toolkits you can access here. For more detailed information about the new leave entitlements, you can refer to the official resources provided by the Fair Work Ombudsman here.
