New paid family and domestic violence leave entitlements

The Fair Work Act will soon be amended to introduce paid family and domestic violence leave. Family and domestic violence means violent, threatening or other abusive behaviour by a close relative, a current or former partner, or a member of their household that seeks to coerce or control and which causes harm or fear.

All employees (including part-time and casual employees) will be entitled to 10 days of paid family and domestic violence leave in a 12-month period. It will not be pro-rated for part-time or casual employees.

The leave will be available from:

• 1 February 2023 for employees who work in a business with 15 or more employees; and 
• 1 August 2023 for employees working in a business with less than 15 employees

The whole 10 days will be available upfront and will not accumulate from year to year if unused.

The leave can be taken if the employee needs to do something related to the impact of family and domestic violence. For example - attending court, counselling, medical appointments and so on. 

Full and part-time employees will be paid at their full pay rate for the hours they would have worked if they weren't on leave and casual employees will be paid at their full pay rate for the hours they were rostered to work. 

Full details of the newleave entitlement can be accessed via the Fair Work Commission website or as always, by contacting the ACA NSW Team on 1300 556 330 or at nsw@childcarealliance.org.au. 

PUBLISHED: 7 DECEMBER 2022