Introduction of paid Family and Domestic Violence Leave (FDVL) – from 1 February 2023
Every year, millions of Australians, regardless of socio-economic background, religion, education level, age, gender or sexual orientation will experience family or domestic violence in some form. Most of these victims are either in paid employment, and/or paid employment is an important pathway out of those violent relationships. As an employer, it is important for you to understand your obligations and your employees’ entitlements are when it comes to supporting those affected by family and domestic violence.
Introduction of Family and Domestic Violence Leave (FDVL)
Effective 1 February 2023 (for employers with 15 or more employees), the following changes will take effect:
– Expansion of the definition of family and domestic violence to include – conduct of a current or former intimate partner of an employee or a member of an employee’s household
– Introduction of 10 days of paid family and domestic violence leave (FDVL) in a 12-month period. Replaces the existing entitlement to 5 days of unpaid family and domestic violence leave under the National Employment Standards (NES).
– Paid FDVL will be available to all employees in the Fair Work system including full time, part time and casual employees who have been rostered on. It won’t be pro-rated for part-time or casual employees.
– The full 10-day leave entitlement will be available upfront, therefore will be available upon commencement of employment, meaning they won’t have to accumulate it over time.
– The leave entitlement won’t accumulate from year to year if it’s not used.
*ACTION: Please review your payroll/leave tracking systems, and any relevant company policies/procedures/handbooks, to ensure that the appropriate leave days are documented and available for all employees from 1 February 2023.
Rate of pay for FDVL
– FDVL will be paid at the full pay rate of what the employee would likely to have earned should they have not taken the leave
– An employee’s full pay rate is their base rate plus any:
o incentive-based payments and bonuses
o loadings
o monetary allowances
o overtime or penalty rates
o any other separately identifiable amounts.
Employees Taking FDVL
Employees (including part-time and casual employees) can take this paid leave if they need to do something to deal with the impact of family and domestic violence. This could include, for example, the employee:
– making arrangements for their safety, or the safety of a close relative (including relocation)
– attending court hearings
– accessing police services
– attending counselling
– attending appointments with medical, financial or legal professionals.
Documenting FDVL on payslips
In addition to the new leave entitlement, there are rules about information that must not be included on an employee’s pay slip relating to paid family and domestic violence leave. This is to reduce the risk to an employee’s safety when accessing paid family and domestic violence leave. Pay slips must not mention family and domestic violence leave, including any leave taken and leave balances.
*ACTION: Please review your payroll systems to ensure that you can accurately track FDVL entitlements, without specifying the leave on payslips.
National Support Services
1800 RESPECT: The National Sexual Assault, Family & Domestic Violence Counselling Line
A free and confidential telephone and online service for any Australian experiencing, or who has experienced, domestic or family violence and/or sexual assault.
Phone: 1800RESPECT, or 1800 737 732, available 24/7.
State- and territory-based support services
ACT
Domestic Violence Crisis Service (DVCS)
DVCS offers a range of services, including crisis intervention, legal support and advocacy, and support groups.
Phone: (02) 6280 0900, available 24/7.
NSW
Their trained female counsellors can help you contact police, get medical care, obtain an Apprehended Violence Order (AVO), develop a safety plan or find emergency accommodation.
Phone: 1800 656 463, available 24/7.
West Connect Domestic Violence Services
Offers support, services and accommodation options in the Western Sydney area, to women and children experiencing or escaping family and domestic violence. They also provide specialised support for refuges, Aboriginal women, single women, older women and lesbian and transgender women.
Phone: (02) 4732 2318
NSW-wide support service, for those experiencing or at risk of homelessness.
Phone: 1800 152 152, available 24/7.
QLD
DV Connect provides free telephone crisis counselling, interpreter services for those who speak English as a second language, safety planning, and referrals to crisis accommodation.
Phone: 1800 811 811, available 24/7.
VIC
Safe Steps Family Violence Response Center
Safe Steps provides telephone-based support, court support services, trauma counselling, and many more services to women and children who have been victims of domestic violence.
Phone: 1800 015 188, available 24/7, or (03) 9322 3555.
WA
Women’s Domestic Violence Helpline
The helpline provides support and counselling for women experiencing family and domestic violence. This includes phone counselling, referrals to local support services, and support in escaping situations of family and domestic violence.
Phone: 1800 007 339, available 24/7, or (08) 9223 1188
SA
They provide a range of services, including a crisis phone line and services that cater to Indigenous and migrant women and children escaping violent situations. Visit their website for information on services in your area.
Phone: 1300 782 200.
TAS
Family Violence Response Referral line
Part of Safe at Home, the Tasmanian government’s response to family violence, the referral line provides access to emergency services, court and legal services, counselling services, the offender program, and more.
Phone: 1800 633 937, available 24/7.
NT
Dawn House provides crisis accommodation and counselling services. Shelter staff can provide advocacy services, referrals to other services, support with legal matters, budgeting advice, and more.
Phone: Phone: (08) 8945 1388, 8 am – 4 pm, Monday–Friday. Outside of these hours you should call 000 if you need support.
Questions
If you have any questions, or require clarification on what this means for your business, please reach out to the team via our Contact page.
