Paid Family and Domestic Violence Leave is coming! How do you prepare?

Amongst a number of industrial relations reforms soon to come, this week we look at paid Family and Domestic Violence Leave and what you need to do to prepare. Over the coming weeks, we will detail the reforms and bring you the latest information on how your business will be impacted.

On 27th October 2022, the government passed the Paid Family and Domestic Violence Leave Bill. As such, the National Employment Standards will be updated to provide 10 days’ paid leave for full time, part time and casual employees commencing from 1st February 2023. However, small businesses (those with less than 15 staff) will have until 1st August 2023 to provide the paid leave entitlement.

How does it work?

The leave will be available upfront at the commencement of each year (note that it does not accumulate). It will then reset on each anniversary of the employee’s commencement date.

How is it paid?

Leave is payable for full time and part time employees at the rate the employee would have earned had they worked. For a casual employee, the rate of pay will be worked out as if the employee had worked the hours in the period for which the casual employee was rostered.

What do you need to do?

  • Update your Family and Domestic Violence Policy ready for release to your employees on 1st February 2023. If you are a small business, schedule this into your calendar for 1st August.
  • Consider the types of evidence you may wish to request, taking into account what could reasonably be requested and detail this in your policy, including where this information will be stored
  • Consider how you will manage the employee’s privacy when recording leave taken and how it will be shown on a pay slip.
  • Update your payroll system to provide for this new paid leave type, including for casual employees
  • Update your contracts of employment to reference the paid leave entitlement if you currently include the unpaid entitlement in your employment contract
  • Replace the current Fair Work Information Statement and Casual Employment Information Statement once it becomes available on the website with details of the new paid entitlement

Need help updating or creating a Family and Domestic Violence Leave Policy? Contact us at Business 360 on 1300 287 360 or email If you prefer a confidential discussion with one of our directors, click or scan below to book a time to discuss your needs.

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