Are you ready for paid FDVL?

From 1 February, employers with 15 or more employees will be required to provide their employees with 10 days of paid family and domestic violence leave (FDVL) per year.

The leave is part of the latest addition to the National Employment Standards (NES).

The new form of paid leave:

• is accessible by all employees including casuals who have been ‘rostered’ (eg have accepted an offer to work)
• is not a ‘pro-rata’ entitlement, that is, it is available in full for all employees (including casuals)
• is available ‘upfront’ meaning the leave does not accrue and is available in full (10 days of pay) from commencement, renewing on the employee’s anniversary date
• is payable at the rate that the employee would have earned had they worked instead of taking the leave (instead of being payable at base rates).

These characteristics make this new form of leave unique within the Fair Work system.

For smaller employers who employ less than 15 employees on 1 February 2023, the entitlement will operate from 1 August 2023.
Employees will continue to be entitled to five days of unpaid family and domestic violence leave under the NES until they can access the new paid entitlement.

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. As an example, this could include 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.

Employers need to keep a record of leave balances and any leave taken by employees. However, pay slips must not mention family and domestic violence leave, including any leave taken and leave balances. This is to reduce the risk to an employee’s safety when accessing paid family and domestic violence leave.

“The information in this newsletter is factual information only, and is not financial, legal or tax advice. The information is objectively ascertainable information and is not tailored to your personal circumstances. You should consider obtaining professional advice before making a decision in relation to this information.”