Changes to Family & Domestic Violence Leave

The introduction of the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022, amends the National Employment Standards to increase the amount of Family and Domestic Violence leave from 5 days unpaid to 10 days paid leave in each 12 month period.

The change also:

· Expands the categories of employees eligible to claim the paid family and domestic leave to include casual employees;

· Makes the leave available upfront at the commencement of each year, meaning the leave is not accrued by employees annually;

· Broadens the definition of Family and Domestic Violence to include, violent, threatening or other abusive behaviour by an employee’s close relative, a current or former intimate partner, or a member of their household that both:

o    seeks to coerce or control the employee;

o    causes them harm or fear.

The changes came into effect from 1 February 2023 for employers with 15 or more employees, and for small businesses (being those with fewer than 15 employees) from 1 August 2023.

Next steps

Given such changes, employers should review current employment contracts and policies to ensure that such contain provision for paid family and domestic violence leave.

If you require assistance in reviewing your employment contracts or policies please contact Hart & Co today.