10 days of Family and Domestic Violence Leave 

Family and domestic violence (FDV) is a significant social issue in Australia, affecting a large number of individuals and families. To support victims of FDV, many Australian employers offer specific leave entitlements known as FDV leave. In this article, we will discuss the current state of FDV leave in Australia, including its definition, entitlements, and legislative framework.

Definition of Family and Domestic Violence

FDV refers to any form of abuse or violence within a family or domestic relationship, including physical, sexual, psychological, and emotional abuse. It can occur between intimate partners, between family members, or between individuals in a domestic relationship. FDV can also extend to children and other dependent persons, such as elderly family members or individuals with disabilities.

FDV Leave Entitlements

FDV leave is a form of paid or unpaid leave that allows employees to take time off work to attend to issues related to FDV, such as seeking medical attention, attending court appearances, or seeking safety and support services. In Australia on the 10^th November 2022 the Fair Work Commission announced the introduction of paid FDV entitlements for all employees in the Fair Work system (including full-time, part-time and casual employees).

In some cases, FDV leave is also included as a specific entitlement in enterprise agreements or modern awards, some employers may offer FDV leave as a separate policy, separate from other types of leave such as sick leave or annual leave.

From 1^st February 2023, employees (of non-small businesses) are granted 10 days paid FDV leave until their anniversary of employment, and then another 10 days paid FDV leave entitlement each 12 months.  The entitlement does not accrue, is reset each 12 months and is not paid out on termination.  New employees are immediately entitled to 10 days paid FDV.

ConnX has the ability to manage leave for employees including leave requests, multi-step approval, notifications, leave reports and graphs and even leave projections.

Employers may ask for evidence and there are specific requirements around the storage and use of that evidence.

Given the breadth and coverage of this type of leave, it’s important to note the employee may or may not be the direct victim.  The Duty of Care for employers vary between states in Australia, and several support services are available to employers and employees.

Such as

1800RESPECT

WhiteRibbon

Woman’s Safety Services 

Women’s Legal Services

On 6^th February 2023, the Fair Work Commission adjusted the pay slip requirements for displaying this type of leave including transitional arrangements until 4^th June 2023.

Conclusion

FDV leave is an important entitlement for employees affected by family and domestic violence. It provides individuals with the necessary time off work to attend to FDV-related issues, such as seeking medical treatment or seeking safety and support services. In Australia, new paid FDV leave entitlements have been introduced to support employees affected by FDV.

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