Family and Domestic Violence Leave (FDVL)

From 1 February 2023, employers with 15 or more employees are required to provide all employees with 10 days of paid family and domestic violence leave (FDVL) per year. This leave is separate from and in addition to annual, sick and other forms of leave. Employees of small business’s (employers with less than 15 employees) can access this paid leave from 1 August 2023.

Employees can take paid FDVL if they require time off to deal with the impact of family and domestic violence. As an example, this could include the employee:

  • – 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 new form of paid leave:

  • – is accessible to all employees including part time and casual employees
  • – the full 10 days are available to all employees including part time and casuals, it is not pro-rata
  • – is available ‘upfront’, meaning the full 10 days are available from commencement of employment and renews on the employee’s anniversary date

Employers need to keep a record of the leave balances, however pay slips must not mention paid family and domestic violence leave taken or balances. This is to reduce the risk to an employee’s safety when accessing the leave.

Employees must let their employer know as soon as possible when taking paid FDVL. An employer can ask their employee for evidence to show the need for taking the leave and that it is not practical to do so outside their hours of work.

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