Australia’s New Paid Family and Domestic Violence Leave: Explained February 17, 2023

In November of 2022, the Australian Government announced that employees would be eligible to access ten days of paid family and domestic violence leave in a 12-month period. This entitlement replaces the existing entitlement to 5 days of unpaid family and domestic violence leave which is available to employees under the National Employment Standards (NES).

Our workplace lawyers have prepared a helpful guide of important questions to help you understand this change in Australia’s family and domestic violence leave laws.

What qualifies someone for this leave?

Employees (including part-time and casual employees) are eligible to take this paid leave if they need to deal with the impact of family and domestic violence.

This could include, for example, the employee:

• arranging for their safety or the safety of a close relative (including relocation)
• attending court hearings
• accessing police services
• attending counselling
• attending appointments with medical, financial, or legal professionals.

When can I take this leave?

Employees are entitled to the full ten days from the start of their employment, meaning the employee won’t have to accumulate the leave over time. The leave renews every year on each employee’s work anniversary; howeverunused leave does not accumulate from year to year.

Employees who start on or after the date that the paid leave entitlement becomes available at their new workplace can access the full ten days from their first day. The leave will renew on the anniversary of their commencement date with the employer.

Employees who are already employed when the paid leave entitlement can access the full ten days on the start date of the legislation. The leave then renews on the anniversary of when they started working for that employer (not on the anniversary of the relevant start date).

When does this come into effect?

For employees of businesses which are not classed as small businesses, the new leave came into effect on February 1st, 2023, so it is available now. For employees of small businesses (with less than 15 employees), this amendment to the  leave will come into effect on August 1st, 2023. 

Do I need to provide evidence of my situation to be eligible for leave?

An employer can ask their employee for evidence to show that the employee needs to do something to deal with family and domestic violence, and it is not practical to do that outside their hours of work. However, this information is strictly confidential and cannot be shared unless it is necessary to protect the employee’s or another person’s life, health, or safety. The employer cannot use the information for other purposes, including taking adverse action in the workplace against the employee.

Do you need help with a workplace-related issue?

Whether you are an employer or employee, wading through the complexities of workplace law is time-consuming and often confusing. Excellent employment legal advice is the answer, and Marshalls + Dent + Wilmoth can help. We are Melbourne lawyers with specialised capability in all areas of employment, industrial relations, and workplace safety laws. Get in touch today for help with all workplace legal issues.