top of page

Paid Family & Domestic Violence Leave 10 Days

Fair Work Ombudsman

17 Feb 2023

When is an employee entitled to take the leave?

The Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 has now passed, so what does this mean for your business?


Employees of all types, including full-time, part-time, and casual employees, are entitled to 10 days of paid family and domestic violence leave. It will be available in full at the beginning of each 12-month period of the Employee’s employment but does not accumulate year to year.


When is an employee entitled to take the leave? 


As of 1st February 2023, existing employees will receive an entitlement of 10 days of paid leave. Smaller employers (with less than 15 employees) start at the later date of 1st August 2023. The 10 days will reset on the employment anniversary of each individual. No minimum employment period is required for an employee to become entitled to the leave.


Defining Family and Domestic Violence

Family and domestic violence means violent, threatening, or other abusive behaviour by an employee’s close relative, a current or former intimate partner, or a member of their household that both:

  • Seeks to coerce or control the Employee.

  • Causes them harm or fear.

A close relative is:

  • An employee’s:

    • Spouse or former spouse.

    • De facto partner or former de facto partner.

    • Child.

    • Parent.

    • Grandparent.

    • Grandchild.

    • Sibling.

  • A child, parent, grandparent, grandchild, or sibling of an employee’s current or former spouse or de facto partner, or

  • A person related to the Employee according to Aboriginal or Torres Strait Islander kinship rules.



Taking Family and Domestic Violence Leave

Employees can take paid family and domestic violence leave 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 during their work hours.


Activities could include, for example, 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.



When Does Evidence Have to be Given?

An employer may ask an employee to provide evidence that would satisfy a reasonable person of the Employee’s need to take paid family and domestic violence leave.


Evidence may include, but is not limited to:

  • Documents issued by police or the court.

  • Family violence support service documents.

  • Statutory declarations.


Failure to comply with an employer’s request to provide evidence may result in the Employee being deemed ineligible.


Payment for Leave

Full-time and part-time employees can take paid family, and domestic violence leave at their full pay rate for hours they would have worked if they weren’t on leave. An employer will pay casual employees at their full pay rate for the hours they were rostered to work during their leave.


An employee’s full pay rate is their base rate plus any:

  • Incentive-based payments and bonuses.

  • Loadings.

  • Monetary allowances.

  • Overtime or penalty rates.

  • Any other separately identifiable amounts.


What if the Employee is already on leave?

Employees who are currently on personal/carers or annual leave are entitled to swap to family, and domestic violence leave instead. The Employee will still need to give their employer the required notice and evidence.


Sources:

CONTACT
LOCATION
OPENING HOURS

Email: corina@starbyder.com.au
Mobile: 0417 161 301

 

PO Box 258

Narangba,

QLD 4504

Mon - Fri: 9am - 5pm

​​Saturday: Closed

​Sunday: Closed

 Burpengary, Deception Bay, Rothwell, Strathpine, Albany Creek, Bracken Ridge, Dayboro, Samford, Kings Scrub, Kingaroy, Bribie Island, Woodford, Herston, Eagle Farm, Whiteside, Landsborough, Donnybrook, North Brisbane, Kedron, Sandgate, Clontarf, Petrie, Everton Park, Samford Valley, Samford Village, Camp Mountain, Wamuran, Delaneys Creek, D'Aguilar, Glass House Mountain, Beerwah,Glen View, Melany, North Melany, Moffit Beach, Golden Beach, Caloundra, Pelican Waters, Sippy Downs, Buderim, Mooloolaba, Nambour, Ningi, Ocean View, Ningi, 
Bookkeeper, Bookkeeper Northside, Bookkeeper North Brisbane, Bookkeeping Northside, Bookkeeping North Brisbane, Payroll Northside, Payroll North Brisbane, Payroll, BAS Northside, BAS North Brisbane, Geebung, Wavell Heights, Stafford Heights, Chermside, Virginia, Northgate, Aspley, Kedron, Stafford, Gordon Park, Nundah, Grange, Alderley, Enoggera, Ashgrove, Paddington, Fortitude Valley, Bulimba, Bowen Hills, Hamilton, Ascot, Toombul, Toowong, Indooroopilly,  Mitchelton, Ferny Hills, Nundah, Upper Kedron, The Gap, Gumdale, Thornlands, Wakerley, Hemmant, Pinkenba, Lytton, Clayfield, Eagle Farm, Murarrie, Zillmere, Taigum, Deagon, Bracken Ridge, Carseldine, Nudgee Kenmore, Chapel Hill, St Lucia, Yeronga, Marooka, Brookfield, BAS Agent, Accountnt, Accounting, reconcile accounts, help Books, XERO, MYOB, Hubdoc, Dext, Tradies, Satisfied Customers in: Bowen Hills, Brisbane City, East Brisbane, Fortitude Valley, Herston, Highgate Hill, Kangaroo Point, Kelvin Grove, New Farm, Newstead, Paddington, Petrie Terrace, Red Hill, South Brisbane, Spring Hill, Teneriffe, West End, Woolloongabba, Albion, Alderley, Ascot, Aspley, Bald Hills, Banyo, Boondall, Bracken Ridge, Bridgeman Downs, Brighton, Brisbane Airport, Carseldine, Chermside, Chermside West, Clayfield, Deagon, Eagle Farm, Everton Park, Ferny Grove, Fitzgibbon, Gaythorne, Geebung, Gordon Park, Grange, Hamilton, Hendra, Kalinga, Kedron, Keperra, Lutwyche, McDowall, Mitchelton, Myrtletown, Newmarket, Northgate, Nudgee, Nudgee Beach, Nundah, Pinkenba, Sandgate, Shorncliffe, Stafford, Stafford Heights, Taigum, Virginia, Wavell Heights, Wilston, Windsor, Wooloowin, Zillmere, Acacia Ridge, Algester, Annerley, Archerfield, Burbank, Calamvale, Coopers Plains, Darra, Doolandella, Drewvale, Durack, Dutton Park, Eight Mile Plains, Ellen Grove, Fairfield, Forest Lake, Greenslopes, Heathwood, Holland Park, Holland Park West, Inala, Karawatha, Kuraby, Larapinta, MacGregor, Mackenzie, Mansfield, Moorooka, Mount Gravatt, Mount Gravatt East, Nathan, Pallara, Parkinson, Richlands, Robertson, Rochedale, Rocklea, Runcorn, Salisbury, Seventeen Mile Rocks, Sinnamon Park, Stones Corner, Stretton, Sumner, Sunnybank, Sunnybank Hills, Tarragindi, Tennyson, Upper Mount Gravatt, Wacol, Willawong, Wishart, Yeerongpilly, Yeronga, Balmoral, Belmont, Bulimba, Camp Hill, Cannon Hill, Carina, Carina Heights, Carindale, Chandler, Coorparoo, Gumdale, Hawthorne, Hemmant, Lota, Lytton, Manly, Manly West, Moreton Island, Morningside, Murarrie, Norman Park, Port of Brisbane, Ransome, Seven Hills, Tingalpa, Wakerley, Wynnum, Wynnum West, Anstead, Ashgrove, Auchenflower, Bardon, Bellbowrie, Brookfield, Chapel Hill, Chelmer, Chuwar, Corinda, Enoggera, Enoggera Reservoir, Fig Tree Pocket, Graceville, Indooroopilly, Jamboree Heights, Jindalee, Karana Downs, Kenmore, Kenmore Hills, Kholo, Lake Manchester, Middle Park, Milton, Moggill, Mount Coot-tha, Mount Crosby, Mount Ommaney, Oxley, Pinjarra Hills, Pullenvale, Riverhills, Seventeen Mile Rocks, Sherwood, Sinnamon Park, St Lucia, Taringa, The Gap, Toowong, Upper Brookfield, Upper Kedron, Westlake, Augustine Heights, Barellan Point, Basin Pocket, Bellbird Park, Blacksoil, Blackstone, Booval, Brassall, Brookwater, Bundamba, Camira, Carole Park, Churchill, Chuwar, Coalfalls, Collingwood Park, Dinmore, East Ipswich, Eastern Heights, Ebbw Vale, Flinders View, Gailes, Goodna, Ipswich, Karalee, Karrabin, Leichhardt, Moores Pocket, Muirlea, New Chum, Newtown, North Booval, North Ipswich, North Tivoli, One Mile, Raceview, Redbank, Redbank Plains, Riverview, Sadliers Crossing, Silkstone, Springfield, Springfield Central, Springfield Lakes, Tivoli, West Ipswich, Woodend, Wulkuraka, Yamanto, Amberley, Ashwell, Calvert, Deebing Heights, Ebenezer, Goolman, Grandchester, Haigslea, Ironbark, Jeebropilly, Lanefield, Marburg, Mount Forbes, Mount Marrow, Mutdapilly, Pine Mountain, Purga, Ripley, Rosewood, South Ripley, Spring Mountain, Swanbank, Tallegalla, Thagoona, The Bluff, Walloon, White Rock, Willowbank, Woolshed, Bahrs Scrub, Bannockburn, Beenleigh, Belivah, Berrinba, Bethania, Boronia Heights, Browns Plains, Buccan, Carbrook, Cedar Creek, Cedar Grove, Cedar Vale, Chambers Flat, Cornubia, Crestmead, Daisy Hill, Eagleby, Edens Landing, Forestdale, Greenbank, Heritage Park, Hillcrest, Holmview, Jimboomba, Kagaru, Kingston, Logan Central, Logan Reserve, Logan Village, Loganholme, Loganlea, Lyons, Marsden, Meadowbrook, Mount Warren Park, Mundoolun, Munruben, New Beith, North Maclean, Park Ridge South, Park Ridge, Priestdale, Regents Park, Rochedale South, Shailer Park, Slacks Creek, South Maclean, Springwood, Stockleigh, Tamborine, Tanah Merah, Underwood, Undullah, Veresdale Scrub, Veresdale, Waterford West, Waterford, Windaroo, Wolffdene, Woodhill, Woodridge, Yarrabilba, Alexandra Hills, Amity Point, Birkdale, Capalaba, Cleveland, Coochiemudlo Island, Dunwich, Karragarra Island, Lamb Island, Macleay Island, Mount Cotton, North Stradbroke Island, Ormiston, Point Lookout, Redland Bay, Russell Island, Sheldon, Thorneside, Thornlands, Victoria Point, Wellington Point, Albany Creek, Arana Hills, Banksia Beach, Beachmere, Bellara, Bongaree, Bray Park, Brendale, Bunya, Burpengary, Caboolture, Caboolture South, Cashmere, Clontarf, Dakabin, Deception Bay, Eatons Hill, Elimbah, Everton Hills, Ferny Hills, Godwin Beach, Griffin, Joyner, Kallangur, Kippa-Ring, Kurwongbah, Lawnton, Mango Hill, Margate, Moodlu, Morayfield, Murrumba Downs, Narangba, Newport, Ningi, North Lakes, Petrie, Redcliffe, Rothwell, Sandstone Point, Scarborough, Strathpine, Upper Caboolture, Warner, Whiteside, Woody Point, Woorim, Armstrong Creek, Bellmere, Bellthorpe, Booroobin, Bracalba, Camp Mountain, Campbells Pocket, Cedar Creek, Cedarton, Clear Mountain, Closeburn, Commissioners Flat, D'Aguilar, Dayboro, Delaneys Creek, Donnybrook, Draper, Highvale, Jollys Lookout, King Scrub, Kobble Creek, Laceys Creek, Meldale, Moorina, Mount Delaney, Mount Glorious, Mount Mee, Mount Nebo, Mount Pleasant, Mount Samson, Neurum, Ocean View, Rocksberg, Rush Creek, Samford Valley, Samford Village, Samsonvale, Stanmore, Stony Creek, Toorbul, Wamuran Basin, Wamuran, Welsby, White Patch, Wights Mountain, Woodford, Yugar, Sunshine Coast.​

© 2023 by Starbyder Bookkeeping Pty Ltd. Powered and secured by Wix

bottom of page