Paid Family and Domestic Violence Leave

Starting on 1 February 2023, non-small business employers (employers with 15 or more employees) must provide their employees with 10 days of paid family and domestic violence leave each year.

This applies to all employees, including part-time and casual workers.

Employees are entitled to the full 10 days upfront, meaning they won’t have to accumulate it over time. However, the leave doesn’t accumulate from year to year if it isn’t used.

Small business employers (employers with less than 15 employees) will have to offer paid leave starting from 1 August 2023. Until then, employees of small businesses can take up to 5 days unpaid family and domestic violence leave each year.

All employees are entitled to family and domestic violence leave every year according to the National Employment Standards (NES).

Employees can take this leave if they need to do something to deal with the impact of family and domestic violence.

Family and domestic violence means violent, threatening or other abusive behaviour by certain individuals known to an employee that both seeks to coerce or control the employee and causes them harm or fear.

The individual could be an employee’s close relative, a member of an employee’s household, or a current or former intimate partner of an employee. A close relative is defined as the employee’s spouse or former spouse, de facto partner or former de facto partner, child, parent, grandparent, grandchild, sibling, or a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

Member Benefits

Employer Assist provides all HVIA members with advice regarding all aspects of your workplace and employment law. We can assist you in understanding and complying with your obligations in relation to the new legislation.

Please contact Employer Assist on (07) 3376 6266 or hvia@employerassist.com.au if you require any assistance.

This article is intended for information purposes only and should not be regarded as legal advice. Please contact Employer Assist for advice.

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