The Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 (Amendment Act) was passed by Parliament on 27 October 2022. The Amendment Act gives all employees, including casual employees, up to 10 days of paid family and domestic violence leave each year. This leave is not calculated on a pro-rata basis.

If the following requirements (Eligibility Requirements) are met, an employee may take Paid FDVL:

• (a) the employee is experiencing family and domestic violence;
• (b) the employee needs to deal with the impact of the family and domestic violence;
• (c) the employee cannot perform that activity outside of their ‘work hours’.

This could be:

• attending counselling or appointments with medical, financial or legal professionals;
• arranging for the safety of the employee or a close relative (including relocation); an
• attending court hearings or accessing police services.

An employee must:

• give the employer notice of the taking of leave, as soon as practicable (which may be a time after the leave has started); and
• advise the employer of the period, or expected period, of the leave.

An employee must, if required by the employer, give their employer evidence that would satisfy a reasonable person that they have met the Eligibility Requirements (as outlined above) for the taking of Paid FDVL

Employers must treat confidential information concerning notices and evidence given by employees, except when doing so is required by law or necessary to protect life, health or safety. The new Paid FDVL entitlement will not commence operation until 1 February 2023. Small business employers have been afforded an additional 6 months to prepare.

Source: AIGroup