Family and Domestic Violence Leave

From 1 August 2023 small business employers are required to provide their employees with 10 days paid family and domestic violence leave (FDVL) per year.
Businesses with 15 or more employees have been required to do this since 1 February 2023.

👉 Casual staff are entitled to FDLV.  If a casual employee is rostered on for a shift, and needs to access this leave, then they are entitled to be granted the leave and be paid for the shift.

👉This leave is not pro-rata.  Any employee, regardless of their employment type or normal hours, can access up to 10 days FDVL.

👉This leave does not accrue.  That means all your employees can access the full 10 days upfront, regardless of length of service.

👉This leave does not accumulate.  It is fixed to 10 days per 12 month period and doesn’t carry forward.  It renews on their work anniversary.

👉It is payable at the rate the employee would have earned if they had worked, not their base rate.  That means an employee is entitled to be paid any incentive based payments and bonuses; loadings; monetary allowances; overtime or penalty rates; and any other separately identifiable monetary amounts for the time they need to take FDVL.

FDVL can be accessed if an employee is dealing with the impact of family and domestic violence.  This might include:

• Making arrangements for their personal safety or the safety of a close relative. This could include relocating themselves or their family members to a safe place.
• Attending court.
• Accessing police services.
• Going to counselling appointments.
• Going to appointments with support services – medical, financial or legal professionals.

You do have a right to request evidence of the need to take leave however this must be handled with confidentiality and only used to confirm the need for leave.  It can not be used for any other purpose within the business.

If you have any concerns about this leave and how it might affect your business, reach out to our HR Partner, Maureen Kyne at HR Blueprint, via email at admin@hrblueprint.com.au.