Full-time, part-time and casual employees will soon be able to access 10 days of paid family and domestic violence leave per a 12-month period.

Under the National Employment Standards (NES), employees were entitled to five days of unpaid family and domestic violence leave, this entitlement will be replaced with 10 days of paid leave and made available to those who are experiencing violent, threatening or abusive behaviour from a current or former partner, close relative or household member.

The new family and domestic violence leave entitlement is paid at the full pay rate of the employee and is available immediately upon commencing employment.

When does the new paid family and domestic violence leave entitlement come into place?

The commencement date differs depending on how many employees a business has.

For businesses with 15+ employees (as of 1 February 2023): 1 February 2023
For businesses with less than 15 employees (as of 1 February 2023): 1 August 2023

Until these dates, employees are still able to access the five days unpaid entitlement.

All businesses must ensure they don’t include information referencing paid family and domestic violence leave on payslips from 1 February 2023, this is to ensure privacy of the employee. Instead businesses could refer to the entitlements as “leave – other”.

The Government will conduct an independent review after 12 month’s to assess the impacts these changes may have on small businesses, sole traders and those experiencing domestic and family violence.

We suggest business owners review relevant leave policies and employment contracts, including how you will manage a request for paid family and domestic violence leave and communicate these changes with your employees.

See Fair Work’s Employer Guide to Family and Domestic Violence for more in depth guidance on an employer’s responsibility towards employees experiencing family and domestic violence,

Support services – Confidential information, counselling and support for people impacted by family and domestic violence and their employers is available at the 1800 RESPECT website, the national sexual assault, domestic and family violence counselling service.