On 1st August 2023, a new Australian law for small businesses (employers with fewer than 15 employees) came into effect:
Paid Family and Domestic Violence Leave
In this article, we explore the implications of this law on small businesses and what they need to know to adhere to the guidelines while fostering a compassionate work environment.
Understanding the Paid Family and Domestic Violence Leave Law
The Paid Family and Domestic Violence Leave Law ensures that eligible employees in Australia can take paid leave when they face domestic violence or family-related emergencies.
The law covers various aspects, including provisions for those who need to care for immediate family members facing domestic violence issues.
This legislation works towards breaking the silence around domestic violence and fostering a supportive work environment for all employees.
Who is Eligible?
Under this law, all full-time, part-time, and casual employees can access 10 days of Paid Family and Domestic Violence Leave each year. To qualify, employees must have completed at least six months of continuous service with their current employer.
An employee’s paid leave entitlement is available in full immediately and resets on their work anniversary. It doesn’t accumulate from year to year.
Additionally, the employee must be facing circumstances related to domestic violence, including seeking support for themselves or caring for an immediate family member in distress.
This paid leave can be used for a range of purposes, including seeking medical attention, attending counseling sessions, or arranging safe housing during a domestic violence crisis.
What employers need to know
- 10 days paid family and domestic violent leave now available to employees of small business
- Available to full-time, part-time and casual employees
- Timesheets must not reflect the certain information about the type of leave taken
- 10 days leave per 12 month period does not roll into next year
- All 10 days are available immediately, the employee does not accrue it
- The full 10 days are available and not pro-rated for part-time and casual employees
- It is a separate pay entitlement like annual leave, sick leave and carer’s leave
- Employers may request proof of leave type
- This leave entitlement replaces the previous 5 days of unpaid family and domestic violence leave under the National Employment Standards (NES).
If you need assistance setting up your accounting software to accommodate the new laws Oculus Group can help.
For more information about the legislation visit the Fairwork Website.