Changes to Family and Domestic Violence Leave 2023

Millions of Australian workers now have access to paid family and domestic violence leave.  This will replace the existing unpaid leave that was on offer.

The bill will not by itself solve the problem of family and domestic violence but it does mean no employee in Australia will ever again be forced to make a choice between earning a wage and protecting the safety of themselves and their families” -  Employment Minister Tony Burke.

Definition of Family and Domestic Violence

Under the new legislation, family and domestic violence means:

Violent, threatening or other abusive behaviour by an employee’s close relative, a current or former intimate partner, or a member of their household, that

1.      Seeks to coerce or control the employee, and

2.      Causes the employee harm or to be fearful

If you own a business, big or small, you will need to understand what the new legislative requirements involve.

When does it come into effect?

This new family and domestic violence leave comes into effect: 

• 1 February 2023, for employees of non-small business employers (15 or more employees); 

• 1 August 2023, for employees of small business employers (less than 15 employees).

All casual, part time and full-time employees are entitled to the leave, which will be paid at their full rate of pay.

How Does it Work?

Employees will be entitled to 10 days leave in a 12 month period. It is available upfront – meaning that they do not have to accrue it. However, it will reset at every 12 months as it is not able to be carried forward. 

The leave is available if the employee needs to do something to deal with the impact of family and domestic violence, such as: 

1. Attending court hearings

2. Making safety arrangements

3. Attending counselling sessions

4. Having meetings with police

5. Accessing appointments with medical, legal or financial specialists

An employee must advise their employer as soon as possible that they need to take the leave.  The employer is entitled to ask for evidentiary proof that they are in fact dealing with family and domestic violence, and that the activity cannot otherwise be undertaken outside of their hours of employment.

The employer cannot use this information for any other purpose, including taking any adverse action against the employee.

 How Can MJSP Management Consulting help you?

If you need any advice or assistance navigating the new requirements around family and domestic violence leave, then contact us here at MJSP Management Consulting.  We look forward to helping you with implementing this new – and any other recent - legislation into your organisation.