Family and Domestic Violence Leave: What You Need to Know

Tuesday May 23, 2023

If you have fewer than 15 employees in your workplace, it’s time to take note: as of August 1, your employees will be entitled to 10 days of paid family and domestic violence leave each year.

Employ more than 15 individuals? You should already be all over this! The new leave entitlement came into effect for larger businesses on February 1 this year.

Understandably, you probably have many questions about this new FDV leave entitlement; that’s okay, the HR Dept is here to talk you through the changes and help with any bumps in the road.

Just keep in mind that although FDV leave may create a little extra paperwork for you as the employer, the benefits for the employee are enormous.

FDV leave gives vulnerable employees the chance to take time off work to deal with the effects of a violent relationship. This might include seeking medical treatment, getting legal advice, planning for their safe exit from a violent situation, or attending court to obtain protection orders. Your employee can do this without the added worry of losing out financially.

Who is eligible for this leave?

Under the new provisions, an employee is experiencing family and domestic violence if the employee’s close relative, current or former intimate partner, or member of their household:

  • Seeks to coerce or control them and cause them harm or fear
  • Is violent, threatening or behaves in another abusive way

Payment for leave

Full-time and part-time employees can take paid family and domestic violence leave at their full pay rate for the hours they would have worked if they weren’t on leave. Casual employees will be paid at their full pay rate for the hours they were rostered to work in the period they took leave.

Be prepared for August 1

The months leading up to August 1 provide you with a great opportunity to ensure your workplace is ready for the new leave entitlements. If you haven’t already, it’s time to do the following:

  • Understand your legal obligations
  • Develop a workplace policy that supports employees experiencing family and domestic violence
  • Provide education and awareness about family and domestic violence in your workplace
  • Review your workplace policies, safety plans and procedures
  • Create an open workplace culture that encourages communication
  • Promote information about your workplace’s employee assistance program

This new workplace entitlement provides life-changing assistance for victims to help them get their lives back on track. If you would like assistance understanding your legal obligations or implementing workplace policies, please get in touch with the HR Dept today; we’re here to help.

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