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Paid family and domestic violence leave introduced

The entitlement to family and domestic violence leave in the National Employment Standards of the Fair Work Act 2009 (Cth) will be updated next year following the Federal Government’s passage of the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022.

The entitlement to family and domestic violence leave in the National Employment Standards (NES) of the Fair Work Act 2009 (Cth) will be updated next year following the Federal Government’s passage of the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022.

At the moment, the NES provides all employees with an entitlement to five days of unpaid family and domestic violence leave for each year of service in the event that they are experiencing family and domestic violence, and they need to do something to deal with the impact which cannot practically be done outside of working hours.

However, this entitlement will now become an entitlement to ten days of paid family and domestic violence leave for each year of service under the NES. This change will take effect on the following dates:

  • 1 February 2023, for non-small business employers (i.e., employers with 15 or more employees on 1 February 2023); and
  • 1 August 2023, for small business employers (i.e., employers with less than 15 employees on 1 February 2023).

For permanent employees, this leave will be paid at their full pay rate for the hours they would have worked had they not been on leave. For casual employees, the leave will be paid at their full pay rate for the hours they were rostered to work in the period they took leave.

All other provisions relating to family and domestic violence leave under the NES will remain the same.

Information provided in this news alert is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this blog, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.

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