New workplace entitlements coming into effect next month

Another bout of workplace laws is set to kick off on 1 August. Learn how they’re set to impact you and your business.

As previously reported by HR Leader, several big workplace laws came into effect on 6 June, mainly centred on flexible work requests, unpaid parental leave and multi-employer bargaining.

From 1 August, other changes commence – this time related to the government’s previously announced paid family and domestic violence leave.

From this date, employees of small businesses (classified as those with fewer than 15 employees) will be able to access 10 days of paid family and domestic violence leave in a 12-month period.

Employees of non-small business employers (more than 15 employees) were given access to the leave on 1 February 2023.

Understanding the new changes

The government’s 10 days of paid family and domestic violence leave replaces the previous entitlement to five days of unpaid family and domestic violence leave under the National Employment Standards (NES).

It is a standalone minimum leave entitlement for all employees in the Fair Work system (including part-time and casual employees) and should be treated similarly to annual leave or paid sick and carer’s leave.

Employees are entitled to the full 10 days upfront, meaning they won’t have to accumulate it over time.

The leave renews upon each employee’s work anniversary. It doesn’t accumulate year on year if it’s not used.

“Employees who start on or after the date that the paid leave entitlement becomes available at their new workplace can access the full 10 days from their first day. The leave will renew on their work anniversary,” Fair Work’s website explained.

“Employees who are already employed when the paid leave entitlement starts in their workplace can access the full 10 days on the relevant start date. The leave then renews on the anniversary of when they started working for that employer (not on the anniversary of the relevant start date).”

An employee is experiencing family and domestic violence leave if a close relative, current or former intimate partner, or member of their household:

• Seeks to coerce or control them and cause them harm or fear
• Is violent, threatening or behaves in another abusive way.

Under the new provisions, a close relative is defined as an employee’s: spouse or partner, de facto partner or former de facto partner, child, parent, grandparent, grandchild or sibling.

A child, parent, grandparent, grandchild or sibling of an employee’s current or former spouse or de facto partner, or a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules is also included as a close relative under the new provisions.

Requirements from employees

If an employee takes paid family and domestic violence leave, they have to let their employer know as soon as possible.

“This could be after the leave has started,” Fair Work explained.

“An employer can ask their employee for evidence to show that the employee needs to do something to deal with family and domestic violence and it’s not practical to do that outside their hours of work.

“An employer can only use this information to satisfy themselves that the employee is entitled to family and domestic violence leave, unless: the employee consents, the employer is required to deal with the information by law, or it’s necessary to protect the life, health or safety of the employee or another person.

“The employer can’t use the information for other purposes, including to take adverse action against the employee.”

Paying staff experiencing family and domestic violence

As per the Fair Work website, full-time and part-time employees can take paid family and domestic violence leave at their full pay rate for the hours they would have worked if they weren’t on leave.

Meanwhile, casual employees will be paid at their full pay rate for the hours they were rostered to work in the period they took leave.

“An employee’s full pay rate is their base rate plus any: incentive-based payments and bonuses, loadings, monetary allowances, overtime or penalty rates, and/or, any other separately identifiable amounts,” Fair Work said.

Earlier this year, mental health advocate and keynote speaker Tammy Hewitt appeared on The HR Leader to discuss how employers can address family and domestic violence leave impacting employees.

To listen to the episode, click here.

If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au.