Paid Family & Domestic Violence Leave

On 4 August 2022, the Federal Government introduced the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 to Parliament.

The new bill recommends leave entitlements for victims of family and domestic violence be increased to 10 days of paid leave per year, up from the current 5 days of unpaid leave per year.

The bill follows the Fair Work Commission’s review into family and domestic violence leave entitlements in modern awards, which occurs every four years.

What is Family & Domestic Violence?

Family and domestic violence refers to violent or threatening behaviour by a close relative that is coercive, controlling, harmful or creates fear.

A close relative includes:

Spouse or former spouse;
De facto partner or former de facto partner;
Child;
Parent;
Grandparent;
Grandchild; or
Sibling.

A close relative may also include a current or former spouse or de facto partner’s child, parent, grandparent, grandchild or sibling.

It may also include a ‘related’ person, per the Aboriginal or Torres Strait Islander kinship rules.

The bill seeks to extend the definition of family and domestic violence to include the conduct of:

a current or former intimate partner; or
a member of an employee’s household.

Reaction

The Labour Government has supported the review by pledging to legislate for the 10 days of paid leave.

The Government intends to include the entitlement as a National Employment Standard (NES) in the Fair Work Act 2009.

The Coalition has also supported the bill, suggesting the changes be added to modern awards instead of the NES.

What does this mean for Family & Domestic Violence Leave?

If implemented, the entitlements will apply to full-time, part-time, and casual employees.

It will be capped at 10 days of paid leave per year. Leave that is not used does not carry over into the next year.

Employees will not need to have worked for an employer for a minimum length of service to be entitled to the leave.

The paid family and domestic violence leave is expected to come into effect on 1 February 2023 and small business employers will have an additional 6-months to ensure they are compliant with the changes.