What is the new paid Family and Domestic Violence leave Australia entitlement?

The Australian Government has announced new legislation which will replace the current Family and Domestic Violence leave entitlement from 5-days unpaid to 10-days paid. This updated entitlement will be available to all full-time, part-time and casual employees to use within each period of 12-months.

When does the new 10-day paid entitlement become available?

The availability of this updated entitlement varies depending on the size of the organisation. See below:

  • 1 February 2023 – Non-small businesses (With 15 employees or more as of 1 February 2023)
  • 1 August 2023 – Small businesses (Less than 15 employees as of 1 February 2023)

Key highlights for new legislation

  • The 10 days of paid Family and Domestic Violence leave is available to full-time, part-time and casual employees to use within a 12-month period
  • Entitlement will not be pro-rated for part-time or casual employees
  • This entitlement of 10 days paid leave is available upfront upon the first day of employment, and will not accumulate from year to year if it’s not used
  • An independent review will be taken after 12 months after this new leave entitlement has been enforced to determine the impacts on small businesses, sole traders and those who are affected by family and domestic violence
  • The current entitlement of 5 days unpaid Family and Domestic Violence leave will continue to be available for employees until they have access to the new 10 days paid entitlement

For a more detailed insight into the specifics of this new legislation, please visit the Fair Work website.

I use Aurion for my people and payroll, how does this impact me?

Our dedicated Legislation and Regulation team have put together a collection of Frequently Asked Questions (log in required) tailored for our Aurion community. These FAQs are our interpretation of the advice provided by Fair Work and our suggestions for implementation. We advise each organisation to seek their own individual advice to ensure compliance with their respective awards, agreements and specific configuration of your Aurion solution. This includes any Family and Domestic Violence policies that already exist within your individual organisation.

We answer questions such as:

  • How does Aurion determine the 10 days of paid leave within the system?
  • I’m an Aurion Managed Payroll Services (MPS) customer, how do I redirect my employees to request Family & Domestic Violence Leave?
  • How would a casual employee be eligible to apply for this leave?

For our Aurion customers, see our dedicated Family and Domestic Violence Leave FAQ here (log in required).

If you want to learn more about what we do to support our Aurion community, our friendly team can discuss how we keep our people and payroll solution compliant for our customers.

Family and Domestic Violence support services

For further support and information regarding the personal nature of Family and Domestic Violence, we recommend contacting the national support service, 1800 RESPECT.

1800 RESPECT can provide confidential information, counselling and further support services. They can be contacted via their 24/7 phone hotline on 1800 737 732. Alternatively, visit their website www.1800respect.org.au.

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