Paid Family and Domestic Violence Leave (FDVL) law has come into effect as of 1st February 2023. Read this article to learn more about the new law, what rules employers need to do to adhere to and how this will impact payroll.
This article below is merely information for you to learn more about Paid Family and Domestic Violence Leave (FDVL) and is not to be taken as legal advice for your business. Please speak to your payroll consultants or lawyers for professional legal advice.
Family and domestic violence mean 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:
The leave renews every year on each employee's work anniversary. It doesn’t accumulate from year to year if it isn’t used.
Employees who are already employed when the paid leave entitlement starts in their workplace can access the full 10 days on the relevant start date. The leave then renews on the anniversary of when they started working for that employer (not on the anniversary of the relevant start date).
Marg started work with her employer on 19 December 2020.
Employees (including part-time and casual 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.
This could include, for example, the employee:
An employer can ask their employee for evidence that shows the employee took the
leave to deal with family and domestic violence.
The evidence has to convince a reasonable person that the employee took the leave to
deal with the impact of family and domestic violence.
Types of evidence can include:
Employers can ask employees to provide evidence for as little as 1 day or less off work.
Full-time and part-time employees can take paid family and domestic violence leave at their full pay rate for the hours they would have worked if they weren't on leave.
Casual employees will be paid at their full pay rate for the hours they were rostered to work in the period they took leave.
An employee's full pay rate is their base rate plus any:
On that day she is rostered to work:
Jane needs to be paid:
This is to reduce the risk to an employee’s safety when accessing paid family and domestic violence leave. Pay slips must not mention paid family and domestic violence leave, including any leave taken and leave balances.
From 4 February 2023, an amount paid to an employee for taking paid family and
domestic violence leave has to be recorded on a pay slip as:
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|Cold work allowance||TASK ALLOWANCE (KN)|
Record this on their pay slip in a way that makes the pay slip look as close as possible to how it would have looked if the employee had not taken the leave.
Until 4 June 2023, a period of paid family and domestic violence leave can be recorded on a pay slip as an amount paid for taking another type of leave (for example, other leave).
This grace period is intended to give employers time to update payroll systems.
If an employee requests it, their employer can record time taken as paid family and domestic
violence leave as another type of leave on their pay slip (for example, annual leave).
Employees are entitled to 10 days
With thanks to The Association for Payroll Specialists (TAPS), established in 1990 is Australia's original Association representing the payroll industry. As the voice of the payroll community, they represent over 8,500 payroll professionals and businesses including every sector of the economy, from small and medium-sized enterprises to major corporations and government departments.
All information in this article is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific legal professional advice. No responsibility for the loss occasioned to any person acting on or refraining from action as a result of any material published can be accepted.
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