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 |
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For casual employees with a paid entitlement |
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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.
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