From 1 February 2023, employees of non-small business employers (including casuals and part-time employees) are entitled to 10 days’ paid family and domestic violence (FDV) leave per annum. For employees of small businesses (i.e., employers with less than 15 employees), this entitlement will become available from 1 August 2023.
Employers should be aware that the FDV leave entitlement is available immediately (in full):
- for existing employees – on either 1 February 2023 or 1 August 2023 (as the case may be); or
- for new employees – upon the commencement of the employee’s employment.
Employees do not have to accrue the leave over time, and it renews every year on each employee’s work anniversary. Any unused leave is not carried over from year-to-year.
FDV leave is payable at the employee’s “full rate of pay” – which includes the employee’s base rate plus any incentive-based payments and bonuses, loadings, monetary allowances, overtime or penalty rates, or other separately identifiable amounts.
Employers must update their payroll systems to account for this new entitlement, noting that pay slips can no longer mention “family or domestic violence leave” (including any leave taken and/or leave balances). Instead, consider coding the entitlement in payroll systems to, for example, “special”, “miscellaneous” or “other” leave, keeping in mind that employers must continue to record FDV leave balances and any leave taken (as per the requirements under the Fair Work Regulations 2009 (Cth)).
Employers will also need to review existing workplace policies and procedures to ensure alignment with these new changes and give thought to parameters around notice and evidence requirements.
In other news, the Minister for Employment and Workplace Relations has revealed the Government’s IR agenda for 2023, citing the inclusion of superannuation in the National Employment Standards, clarifying coverage of temporary migrant workers and ensuring stronger access to unpaid parental leave (among others).
There’s a lot changing in the IR space in 2023. If you need support with deciphering these changes (and what they may mean for your business) – reach out to one of our team on (03) 9448 9660.
If this has raised any concerns for you or any members of your team, we encourage you to contact 1800Respect or White Ribbon for further support.
The above is general information, which is current at the time of publication, and should not be taken as legal advice.
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