Small businesses across Australia now have less than two weeks to prepare for new paid domestic violence leave entitlements, which provide employees with up to ten paid days off across a twelve-month period.
Here is what small businesses need to know about the change.
From August 1, employees of small businesses will be entitled to ten days of paid domestic or family violence leave across a twelve-month span.
The leave will be paid at the employee’s full pay rate, for the hours they would have worked were they not on leave.
It builds on the prior entitlement to five days of unpaid leave, as included in the National Employment Standards.
Small businesses, defined as those with less than 15 employees, will be covered from August 1.
Employees of larger businesses have received the entitlement since February 1 this year.
All employees under the Fair Work system, including part-time and casual employees, will be entitled to the new leave allowance.
Employers can take their new leave entitlement if they “need to do something to deal with the impact of family and domestic violence and it’s not practical for them to do so outside of their work hours,” the Fair Work Ombudsman says.
For example, this includes:
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.
The Fair Work Ombudsman states this applies if a “close relative, current or former intimate partner, or member of their household” seeks to both coerce and control an employee to cause harm or fear, and acts in a violent, threatening, or abusive way.
Further details can be found at the Fair Work Ombudsman site.
There is no accrual or accumulation for the leave, and all ten days are available to an employee as of their first day.
The ten-day leave allowance renews on their work anniversary.
For workers already employed when the allowance comes into play, the Fair Work Ombudsman says:
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).
The Fair Work Ombudsman states employees should let employers know of their intention to take paid domestic violence leave as soon as practicable, even if that occurs after they start taking their paid leave entitlement.
Employers can ask for evidence the employee is taking the leave to respond to the impact of family or domestic violence, as described above.
Employers can only use that information to “satisfy themselves that the employee is entitled to family and domestic violence leave”, the Fair Work Ombudsman states, with limited exceptions.
Those exceptions include when an employee consents to an employer sharing that information; when the employer is bound by law to share that information, and if sharing the information is necessary to “protect the life, health or safety of the employee or another person”.
Crucially, information disclosed to the employer cannot be used in any adverse action against the employee.
The new entitlement replaces the old five-day unpaid leave allowance, but small business employees can claim the existing entitlement until August 1.
To ensure an employee’s safety, there are specific rules for how employers should note the use of paid family and domestic violence leave.
It must not be referred to as family or domestic violence leave on a payslip, with the Fair Work Ombudsman noting it should be recorded as ordinary hours worked, or “an allowance, bonus or overtime payment”.
If an employee requests it, the leave can be tallied as another kind of leave, like paid annual leave.
Further rules and guidelines can be found here.
The Fair Work Ombudsman has prepared a detailed, downloadable guide to the new entitlements, which businesses can access here.
The Ombudsman will also host a webinar today, Thursday, July 20, at 2pm AEST running through the entitlement and what employers ought to know.
If you or someone you know is impacted by sexual assault, domestic or family violence, call 1800RESPECT on 1800 737 732 or visit the 1800 Respect website.
For information about local services, download the free Daisy App.
Accessible information and support is available via the free Sunny App which has been developed for and by women with disability.
For Aboriginal Family Domestic Violence Hotline, call 1800 019 123.
For legal information, visit the Family Violence Law Help website.
In an emergency, call 000.
Senior Business Journalist
Focused on the small business sector, David’s work covers the political, regulatory, and economic issues facing Australian entrepreneurs. Prior to joining SmartCompany, he was a reporter for Business Insider Australia. You can follow him on LinkedIn.
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