Domestic and family violence is prevalent in Australian communities and workplaces, affecting both men and women. Recognising the impact of this issue on employees, the Australian government has implemented a significant change.
Victims and survivors of domestic and family violence are now entitled to 10 days of paid leave each year from their employers, marking a crucial improvement from the previous unpaid leave position.
Who Can Access Paid Domestic And Family Violence Leave?
Domestic violence victim-survivors making safety arrangements or attending services that are impractical to access outside of work hours can take the new paid domestic violence leave. For example:
- Relocating for their safety, or the safety of a close relative
- Attending court hearings
- Accessing police services
- Attending counselling
- Attending appointments with medical, financial, or legal professionals.
This entitlement applies to all employees, including those who work full-time, part-time, or casually. It is considered a minimum entitlement, similar to annual or sick leave.
The payment received will be equivalent to the amount the employee would have earned had they been at work.
No reference to domestic and family violence leave will appear on payslips.
When Does Paid Domestic Violence Leave Start?
The commencement date for paid domestic violence leave depends on the employer’s size, as indicated below. It became available at most workplaces from 1 February 2023.
• From 1 February 2023, employees of non-small business employers (employers with 15 or more employees on 1 February 2023) became eligible for paid leave.
• From 1 August 2023, employees of small business employers can access paid leave.
You can learn more about paid domestic violence leave via the Fair Work Ombudsman’s website.
Reach Out To Your Employer To Discuss Your Leave Options
If you are experiencing domestic violence and need time away from your employment to deal with your circumstances, the following standard employee leave options apply:
1. Domestic and Family Violence Leave:
This type of leave is designed to support employees experiencing domestic or family violence. It can be used for various purposes, including attending court hearings, or counselling sessions, seeking legal or medical assistance, or making safety arrangements.
2. Personal/Carer’s Leave:
In addition to domestic and family violence leave, employees can take personal/carer’s leave to care for a family member experiencing domestic or family violence. Whether this leave is paid or unpaid depends on the employer’s policies.
3. Flexible Work Arrangements:
Employers can also provide flexible work arrangements for employees dealing with domestic or family violence. These arrangements could include working from home or having flexible working hours to attend appointments or ensure safety.
4. Annual Leave:
Employees can use their annual leave to take time off work to address the effects of domestic or family violence. This might involve attending court hearings or seeing medical treatment.
It’s important to remember that the specific leave options available to you may vary depending on your employer’s policies.
Getting Help And Support Related to Paid Family and Domestic Violence Leave
This change in legislation represents a long-awaited step toward addressing domestic and family violence in our communities, and it has the potential to save lives. Remember, you are not alone; resources and support are available to help you navigate this challenging time.
The family law team at CLO Lawyers, led by experienced Family Lawyer and Director Murray Crawford, offers confidential consultations to victims of domestic violence, connecting them with support services and providing guidance on the way forward.