Who can use this Policy and When
This Paid Domestic and Family Violence Leave Policy can be used by all employers throughout Australia, except the following excluded employers:
- Non-constitutional corporation employers in Western Australia;
- State public sector employers (ie employees of a Minister, the Governor or the Crown) in New South Wales, Queensland, South Australia, Western Australia and Tasmania; and
- Local Government employers in New South Wales, Queensland and South Australia
It has been prepared in response to the recent legislative change, to introduce into the National Employment Standards (NES) an entitlement for all employees (including casuals) to ten (10) days of paid family and domestic violence leave.
The obligation to provide paid family and domestic violence leave outlined in the policy applies:
- from 1 February 2023, for employees of businesses that are not small businesses (i.e. on 1 February 2023, the business employed 15 or more employees); and
- from 1 August 2023, for employees of small businesses (i.e. on 1 February 2023, the business employed fewer than 15 employees).
Small business employers should consider the timing of the policy in light of the above, or continue to use the Unpaid Domestic and Violence Leave Policy for the business until 1 August 2023.
Commentary
This Policy outlines the leave and support entitlements offered to employees who are subject to family and domestic violence.
What is family or domestic violence leave?
Paid family or domestic violence leave will be available in the event that the employee needs to do something to deal with the impact of the family and domestic violence and it is impractical for them to do it outside their ordinary hours of work.
For example, making arrangements for their safety or the safety of a family member (including relocation), attending urgent court hearings, or accessing police services.
How to calculate and accrue the leave
Ten days of paid leave will be available at the commencement of each 12 month period rather than accruing progressively during a year of service. The leave will not accumulate from year to year.
This entitlement is unique in that, the full 10 days of paid leave will be available to part-time and casual employees. This is different to some other forms of leave (eg annual leave) which are not provided at all to casual employees or otherwise provided on a pro-rata basis.
Options for employers
The policy also provides employers with an option to provide their employees with additional entitlements (above and beyond what is legislatively required). For example, employers may wish to provide unpaid domestic and family violence leave.
Before using or implementing the leave policy, please ensure that it is consistent with any enterprise agreement, contract, or award which applies to the employees in your workplace.
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