Millions of Australians are affected by family or domestic violence every year. Knowledge and planning can help you as an employer support your employee.

From 1 February 2023, individuals employed in non-small businesses (businesses with 15 or more employees) will be able to access 10 days of paid family domestic violence leave, which includes part-time and casual employees.

Individuals employed by small businesses (businesses with less than 15 employees) will be able to access paid leave from 1 August 2023. Individuals will still have access to the 5 days of unpaid family and domestic violence leave until the new paid leave entitlement becomes available to them.

Individuals will be entitled to 10 days of paid family and domestic violence leave in a 12-month period. The new entitlement will be available upfront, meaning the employee will not need to have it accumulate over time. The leave will not be accrued from year to year if it is not used.

Using the leave entitlement

Individuals will be able to use this leave entitlement if they need to deal with the impact of family and domestic violence, this can include;

  • Making arrangements for their safety, or the safety of a close relative
  • Attending court hearings
  • Accessing police services
  • Attending counseling
  • Attending appointments with medical, financial or legal professionals.

Calculating the leave entitlement

Full-time and part-time employees leave entitlement is calculated at their full pay rate for the hours they would have worked if they weren’t on leave.

Casual employees leave entitlement is calculated at their full pay rate for the hours they were rostered on to work for the period they took leave.

Individuals are able to use paid family and domestic violence leave during a period of personal/carer’s or annual leave. If this occurs, the individual will need to provide the required notice and evidence to their employer.

Payment Slips

As of 1 February 2023 rules have been brought in regarding information that should not be disclosed on an employee’s payment slip, including paid family and domestic violence leave. This is to minimise the risk to an individual’s safety if they are accessing paid family and domestic violence leave.

While the family and domestic violence leave cannot be mentioned on an individual’s payment slip, employers will still need to keep a record of the leave balance and any leave taken by employees.

Payroll set up

We can assist  in setting up and processing family and domestic violence leave to ensure your employee is receiving the right entitlement and it is not recorded on your employee’s payment slip.