By Samantha Kuswara

In the last year, Australia has experienced major shifts in its workplace law frameworks, and with so many changes happening, it can be easy to overlook the fact that some of these changes are being rolled out gradually. In fact, there’s just been a noteworthy update – from 1 August 2023, employees of small businesses can now access 10 days of paid family and domestic violence leave within a 12-month period. This significant change reflects a meaningful step towards better-supporting employees when they need it most.

From 1 February 2023, employees working for larger businesses were able to access this leave entitlement in full.

2.2 million Australians have reported experiences of family and domestic violence, and while this topic is often swept under the rug, it’s a real and ever-present threat to our community. Its existence not only leaves physical and mental scars but also leaves a trail of damage on the professional lives of victims.

Here our experts explain the newest changes to family and domestic violence leave entitlements, and how this will impact small businesses.

So, what do employers need to know about this leave entitlement? 

  • 10 days of paid family and domestic violence leave is now available to employees of small businesses.
  • Full-time, part-time, and casual employees can also take 10 days of paid family and domestic violence leave in a 12-month period – it isn’t pro-rated for part-time or casual employees.
  • All 10 days are available upfront, meaning an employee doesn’t accrue it.
  • The leave doesn’t accumulate or roll over from year to year if it isn’t used.
  • It’s a separate paid leave entitlement, like annual leave or paid sick and carer’s leave.
  • Employers must not include information on an employee’s pay slip that denotes that they have taken paid family and domestic violence leave rather the period of leave should be recorded on the pay slip as an amount payable on account for the performance of ordinary hours or another kind of payment made in relation to the performance of work e.g. allowance, bonus or overtime.
  • This leave entitlement replaces the previous five days of unpaid family and domestic violence leave under the National Employment Standards.
  • An employer can request reasonable evidence from an employee to support their request for family and domestic violence leave. If the employee can’t provide the evidence, they may not receive the paid leave. Forms of evidence can include a statutory declaration, documents issued by the police or by a court, and family violence support documents.

Is my company classified as a small business?

According to section 23 of the Fair Work Act 2009 (Cth) (FW Act), a small business is that which employs less than 15 people (excluding casual employees unless they work regularly and systematically). Hence, if a business employs less than 15 permanent or regular and systematic casual employees, they qualify as a small business and therefore they must provide this entitlement from 1 August 2023 onwards.

What will these changes mean for my business?

1. Create and nurture a supportive working environment

Family and domestic violence is a sensitive issue and not every employee will be comfortable or will feel safe discussing this, so it’s important that the workplace environment fosters a support structure that empowers employees to speak up and ask for help when they need it.

2. Stay on top of employee entitlements

There are many different types of leave entitlements available to employees, and it’s up to the business owner to be across them all. Knowing what leave entitlements employees have access to, the balances of each, and when they’re taken will ensure the right leave entitlement is deducted from the correct balance. For example, if Family and Domestic Violence (FDV) leave is taken, it must be deducted from FDV leave and not any other balance.

3. Implement and maintain a strict confidentiality process

Section 106c of the FW Act outlines that employers must be proactive in their management of information or evidence regarding family and domestic violence. This information should remain confidential unless otherwise required by law. Ensuring that your staff are aware of this confidentiality process can help employees decide to seek help and support.

If this article has raised any concerns for you or someone you know, please contact these free support services:

DV line – 1800RESPECT (1800 737 732)

Beyond Blue – 1300 22 4636

Mensline – 1300 78 99 78

Lifeline – 13 11 14

To talk through the best way to set up leave policies in your workplace, work out what this additional leave might cost your business and the payroll adjustments you may require, please reach out to HR Assured’s experts via our 24/7 Telephone Advisory Service.

Samantha Kuswara is a Workplace Relations Advisor at HR Assured. She assists clients with a range of employment relations and compliance matters via the 24/7 Telephone Advisory Service.