Paid Family & DV Leave from 1 February or 1 August

In 2023 the Fair Work Act changes 5 days unpaid family and domestic violence leave to 10 days paid entitlemnents. Depending on the size of the business, the new entitlements are available every 12 months from:
  • 1 February 2023 – for employers with 15 or more employees.
  • 1 August 2023 – for small business employers (less than 15 employees).

For more information click: New paid family and domestic violence leave (Fair Work Ombudsman)

The new paid entitlements expand the National Employment Standards (NES) and apply to all employees (including casuals) in Australia from the dates listed, irrespective if they are in award-based, EBAs, or non-award contracts of employment.

NB: The accompanying new regulation prohibits the use of the specific words “Family and Domestic Violence” on payslips.

3.47 Pay slips—information not to be included in pay slips

                   For the purposes of paragraph 536(2)(c) of the Act, the information in relation to paid family and domestic violence leave that must not be included in a pay slip is:

                     (a)  a statement that an amount paid to an employee is a payment in respect of the employee’s entitlement to paid family and domestic violence leave; and

                     (b)  a statement that a period of leave taken by the employee has been taken as a period of paid family and domestic violence leave; and

                     (c)  the balance of an employee’s entitlement to paid family and domestic violence leave.

Note:          An example of the way in which a statement could be included in a pay slip that an amount is a payment in respect of a particular kind of leave is to state that the amount is paid as special leave, miscellaneous leave or leave—other.