Commencement

Important changes relating to paid family and domestic violence leave took effect from 1 February 2023 for non-small business employers and will commence on 1 August 2023 for small business employers.

A small business employer is one that has less than 15 employees taking into account the number of employees of associated entities (with most casuals counted).

A non-small business employer is one that has 15 or more employees taking into account the number of employees of associated entities (with most casuals counted).

What Are The Changes?

The changes mean that all employees (including casual and part-time employees) will be entitled to 10 days’ of paid family and domestic violence leave each year, albeit it does not accumulate from year to year and, if not used, is not paid out on cessation of employment.

Are There Any Other Requirements?

Strict record keeping, eligibility and evidentiary requirements apply when taking such leave including:

• the employee must demonstrate that they need to do something to deal with family and domestic violence and that it would be impractical to do so outside of their hours of work (including attending medical or legal appointments)
• an employer can request reasonable proof from an employee about the necessity for taking family and domestic violence leave
• whilst the leave is to be recorded as ordinary hours of work on the employee’s payslip (or another type of leave if the employee requests), the employer must maintain appropriate internal records regarding leave balances and leave taken 

Penalties

Employers and individuals may be subject to penalties for non-compliance with the new changes.

Recommended Actions

We recommend employers:

• update employment agreements and company policies to cater for this new form of leave
• train management staff in how to deal with leave requests (noting their sensitive nature)
• ensure their leave procedures meet the record keeping and evidentiary requirements

Questions/Assistance

If you have any questions in respect of the above or would like any other employment related assistance, please contact our Matthews Folbigg Workplace Solutions employment law team.

Stewart Gough  |  Principal T: (02) 9806 7483 M: 0458 586 444 E: stewartg@matthewsfolbigg.com.au	Peter Doughman  |  Senior Associate T: (02) 9806 7412 M: 0404 020 409 E: pdoughman@matthewsfolbigg.com.au

DISCLAIMER: This article is provided to readers for their general information and on a complimentary basis. It contains a brief summary only and should not be relied upon or used as a definitive or complete statement of the relevant law.

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