New Bill to legislate 10 days paid family domestic violence leave

On 28 July 2022, the Federal Government introduced the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 (Bill). The Bill proposes an entitlement to 10 days paid family domestic violence leave (FDV) for all national system employees. This entitlement will form part of the National Employment Standards (NES) and will replace the current entitlement to 5 days of unpaid FDV leave.

Background to the Bill

On 16 May 2022, the Fair Work Commission arrived at a provisional view that awarded 10 days of paid family domestic violence leave to all full time and part time employees who were covered by a modern award. At the time of the decision, Prime Minister Anthony Albanese committed his newly elected Labor government to extending the entitlement to all national system employees by inserting a provision for 10 days of paid FDV leave into the NES.

More information on the decision of the Fair Work Commission is available in our article dated 15 June 2022 – click here.

What does the Bill say?

The Bill replaces the current entitlement in the NES to 5 days unpaid FDV leave with 10 days of paid leave. The leave will be:

  • available to full-time, part-time and casual employees;
  • available at the commencement of each year and does not accrue annually; and
  • payable at the rate the employee would have earned had they worked instead of taking the leave.

For casual employees, the rate will be worked out as if the employee had worked the hours in the period for which they were rostered to work.

What does this mean for employers?

If the Bill is passed by Parliament, the entitlement will commence on 1 February 2023 for businesses with more than 15 employees.

Businesses with fewer than 15 employees on 1 February 2023 will have an additional 6 months to make the adjustments, with the entitlement commencing on 1 August 2023 for those employers.

Employers should use this time to account for the additional leave in their payroll system.

Employers should also review their employment contracts once the new leave is in operation to ensure that their contracts reflect the new entitlement. Internal policies and procedures in relation to leave should also be reviewed.

More information

If you have any queries or would like further information about this article, please contact:

Joe Mullavey
M: 0416 794 061

Audrey Clarkson
T: (03) 6235 5125

Published: 13 October 2022

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