Understanding Family and Domestic Violence Leave

Understanding Family and Domestic Violence Leave

Table of content

  1. What is domestic and family violence leave?
  2. Is domestic and family violence leave paid or unpaid?
  3. Paid family and domestic violence leave
  4. Unpaid family and domestic violence leave
  5. How does Workstem simplify leave management?

Family and Domestic Violence Leave is a crucial provision that allows employees to take time off from work to address situations related to family or domestic violence. In Australia, this type of leave is recognised as essential support for those affected.

In this blog, we will explore Family and Domestic Violence Leave, including its definition, reasons for taking this leave, entitlements,and more. Let’s delve into this important topic!

What is domestic and family violence leave?

Domestic and family violence leave in Australia allows employees to take time off work to deal with the impacts of family and domestic violence.

It provides 10 days of paid leave each year for all employees, including part-time and casual workers.

This leave covers various forms of violence and can be used for safety arrangements, court attendance, counselling, and other necessary appointments.

The entitlement starts from the first day of employment and doesn’t accumulate from year to year if unused.

*For more information and support, individuals can visit 1800RESPECT.org.au

Is domestic and family violence leave paid or unpaid?

Domestic and family violence leave may be paid or unpaid depending on how much leave is taken and the way in which the employee is employed.

Paid family and domestic violence leave

Employees, regardless of their employment type (full-time, part-time, or casual), have the right to access 10 days of paid family and domestic violence leave each year.

This leave is specifically for individuals who are experiencing family and domestic violence.

The entitlement to this type of leave is governed by the National Employment Standards (NES) and is considered a paid minimum leave entitlement, similar to annual leave or paid sick and carer’s leave.

Who can access paid family and domestic violence leave?

To access paid family and domestic violence leave, the individual could be:

  • an employee’s close relative
  • a member of an employee’s household, or
  • a current or former intimate partner of an employee.

A close relative is an employee’s:

    • spouse or former spouse
    • de facto partner or former de facto partner
    • child
    • parent
    • grandparent
    • grandchild
    • sibling
  • an employee’s current or former spouse or de facto partner’s child, parent, grandparent, grandchild or sibling, or
  • a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

How is paid family and domestic violence leave remunerated?

Paid family and domestic violence leave is remunerated differently based on the employee’s employment status.

For full-time or part-time employees with a paid entitlement
  • The leave must be paid at their full rate of pay, which includes their base rate plus any loadings, allowances, overtime and penalty rates, bonuses, incentive payments, or other separately identifiable amounts.
  • The payment should be equivalent to the hours they would have worked if they had not taken the leave.
For casual employees with a paid entitlement
  • The remuneration is based on the hours they were originally rostered to work during the period they took leave.
  • They should be paid at their full rate of pay for the hours they were scheduled to work.

In summary, paid family and domestic violence leave ensures that employees, both full-time/part-time and casual, receive their full pay rate for the hours they would have worked or were rostered to work during the period of leave.

How is paid family and domestic violence leave accrued?

Paid family and domestic violence leave does not accrue over time. Instead, it is provided as a standalone leave entitlement that is available to employees immediately and resets on their work anniversary.

This means that employees do not accumulate additional paid family and domestic violence leave from year to year. It is separate from other types of leave, such as annual leave or paid sick and carer’s leave.

Example: Accessing paid family and domestic violence leave for employees

Name

Date of Hire Paid Family and Domestic Violence Leave Entitlement Used Paid Leave Remaining Paid Leave
Emily March 1st 10 days 2 days

8 days

According to the provided information, Emily is a full-time employee in the cleaning business who joined on March 1st.She has an entitlement of 10 days of paid family and domestic violence leave, which begins on her date of hire.

In June, Emily utilised 2 days of this paid leave to address family and domestic violence matters. As a result, her remaining paid leave balance was reduced to 8 days.

On the anniversary of her start date with the employer, which is March 1st of the following year, her entitlement will reset and be renewed to 10 days.

Will the family and domestic violence leave appear on payslips?

No.Employers need to keep a record of leave balances and any leave taken by employees.

However, pay slips must not mention family and domestic violence leave, including any leave taken and leave balances.

*For more information:Family and domestic violence leave

Unpaid family and domestic violence leave

Before the introduction of paid family and domestic violence leave, employees, including part-time and casual employees, had the option to take 5 days of unpaid family and domestic violence leave per year.

However, with the implementation of paid leave, the previous entitlement to unpaid family and domestic violence leave was replaced.

Who can access unpaid family and domestic violence leave?

Unpaid family and domestic violence leave is accessible to all employees, including part-time and casual employees, who are experiencing family and domestic violence.

It is a minimum leave entitlement provided by the National Employment Standards (NES) in Australia.

To be eligible for this leave, employees must be experiencing family and domestic violence.

When was unpaid family and domestic violence leave made available?

Unpaid family and domestic violence leave was made available to eligible employees, allowing them to access a full 5 days of unpaid leave from the day they started work.

This leave could be taken when employees needed to address the impact of family and domestic violence, such as:

  • making arrangements for their safety, or safety of a close relative (including relocation)
  • attending court hearings
  • accessing police services.

Importantly, this leave did not have to be taken all at once and could be used as single or multiple days as needed.

Additionally, employers and employees had the flexibility to agree on taking:

  • less than one day at a time, or
  • more than 5 days.

How is unpaid family and domestic violence leave accrued?

Unpaid family and domestic violence leave is not accrued or accumulated from year to year. Instead, it is available immediately to eligible employees and resets on their work anniversary.

*For more information: Unpaid family and domestic violence leave before the 2023 changes.

How does Workstem simplify leave management?

Streamline your leave request submission and approval process, reduce administrative burden, and cut costs with Workstem’s leave management feature. Our platform offers default leave types such as annual leave, parental leave, jury duty leave, and long service leave, and allows for additional special leaves as needed.

Stay up-to-date with auto-updates for public holidays and let Workstem handle the calculations for leave balances, entitlements, and leave accrual. Our seamless integration with payroll ensures accurate payment of leave entitlements and proper tax treatment.

Ready to experience the benefits of Workstem? Sign up now for a 14-day free trial and simplify your leave management today!

相關文章

Updated Retail Award Rates: What You Need to Know
Updated Retail Award Rates: What You Need to Know
What is the Award Rate for retail? The Award Rate for retail in Australia varies depending on the specific industry, location, and level of experi...
Read More
Understanding Net Pay and Gross Pay
Understanding Net Pay and Gross Pay
Net Pay What is Net Pay? The whole amount of money that you will eventually have access to is your net pay. Using the previous example, if your g...
Read More
How Employers Cash Out Annual Leave?
How Employers Cash Out Annual Leave?
What is Cash Out Annual Leave? Cashing out annual leave means an employee receives payment instead of taking time off work. What are the Rules fo...
Read More

Leave a Reply

Your email address will not be published. Required fields are marked *