As of 1st August, paid family and domestic violence leave (FDV) entitlements for employees of small businesses came into effect. We know we’ve talked about family and domestic violence leave previously but this is part two of the legislative roll out and an important reminder to all regarding obligations and entitlements.
Small Businesses
These changes impact small businesses, which is those with less than fifteen (15) employees. Subsequently, this update means that all businesses are now required to provide paid family and domestic violence leave.
What is the entitlement?
Employees of small businesses will now be entitled to ten (10) days of paid family and domestic violence leave over a twelve (12) month period. This leave is paid at the employee’s full rate of pay and is calculated on the time they would have worked. For example, if an employee requires four (4) hours of leave to attend to a court matter related to a domestic violence matter, they will receive four (4) hours of paid FDV leave.
Who is entitled to family and domestic violence leave?
All full time, part time and casual employees are covered by this entitlement. This leave is not pro-rated for part time and casual employees. Casual employees can access the leave on those times/days they were rostered to work. If they were not rostered, they are not entitled to access the leave.
The change that occurred on 1st August broadened the coverage to include small businesses. This is a reminder that employees of larger businesses – over fifteen employees – have had access to this entitlement since 1 February 2023.
These changes have now been captured in the updated Fair Work Information Statement which includes the current National Employment Standards.
Does family and domestic violence leave accrue?
No, family and domestic violence leave does not accrue. The leave is available up front - it won't accumulate from year to year. The leave renews every year on each employee's work anniversary.
Keeping records
Employers need to keep a record of leave balances and any leave taken by employees. However, pay slips must not mention family and domestic violence leave, including any leave taken and leave balances. It is imperative that you adhere to this as it is to reduce the risk to an employee's safety.
Employers may request evidence of the requirement to take family and domestic leave and must keep this confidential.
What next?
This leave entitlement will be independently reviewed after twelve months to consider the impacts on small businesses, sole traders and people experiencing family and domestic violence.
If you are unsure as to how to apply this leave or have any other questions, contact the HR Staff n’ Stuff team – we’re here to help when you need us.
