Family and Domestic Violence Leave in Australia

This article offers a comprehensive overview of the scheme, its impact on small businesses, and the importance of fostering a supportive work environment with access to Australia domestic violence support services.

An in-depth look at how this initiative supports employees and small businesses. 

Understanding Family and Domestic Violence Leave

Family and domestic violence is characterised by intentional harm or fear inflicted by one person in a relationship onto another. This recurring pattern of behaviour aims to control, manipulate or harm the victim. Abuse can take many forms, including physical, emotional, financial, or sexual, and may come from anyone in a close relationship with the victim.

In Australia, the AustralianBureau of Statistics reports that one in six women and one in sixteen men experience family and domestic violence in their lifetime. We’re all aware of the prevalence of family and domestic violence, but did you know that, in Australia, a woman is murdered by her current or former partner every 10 days? Shockingly, that’s true!

Workplaces often serve as a refuge for victims, offering safety and crucial social and financial support, as well as access to various Australia domestic violence support services.

The Importance of Paid Family and Domestic Violence Leave

Stable employment is a critical factor in helping individuals escape abusive relationships. The introduction of paid leave allows victims to take time off without risking their income or employment, facilitating their exit from harmful domestic situations.

Addressing family and domestic violence also benefits employers, as it can impact an employee’s productivity due to distress or unplanned absences.

Criteria for Accessing Paid Family and Domestic Violence Leave

The new scheme allows full-time, part-time and casual employees in Australia, whose employers fall under the national industrial relations system, to access 10 days of paid leave within a 12-month period.

This leave can be utilised for various purposes related to family and domestic violence, such as ensuring safety, attending court, seeking police services, or participating in appointments with professionals in counselling, medicine, finance or law.

The leave doesn’t accumulate and resets annually on the employee’s work anniversary. The new paid leave replaces the existing National Employment Standards (NES) entitlement of five days of unpaid leave. Employees can still access unpaid leave until paid leave becomes available in their workplace.

Implications for Small Businesses

The paid family and domestic violence leave applies to all small businesses under the national (Fair Work) industrial relations system, typically incorporated businesses with ‘Pty Ltd’ it ‘Ltd’ in their name. This was scheduled in two phases:

  • For businesses with over 15 employees, the leave policy became effective: February 1, 2023
  • For businesses with fewer than 15 employees, the leave policy becomes effective: August 1, 2023
  • Until August 1, 2023, employees working for national system small business employers with less than 15 employees can continue to take unpaid family and domestic violence leave. While the scheme doesn’t yet apply to employers under Western Australia’s state industrial relations system, it is anticipated to come into effect for state system employers in 2024.

Employee Entitlements Under the Scheme

Full-time and part-time employees will receive their full pay rate for the hours they would’ve worked if they were not on leave. Casual employees will be paid at their full pay rate for the hours they were scheduled to work during the leave period.

Employees may need to provide evidence, such as a statutory declaration or documentation from the police, court, or family violence support service.

Employers Can Support Affected Employees

It is crucial for employers to create a supportive and secure work environment. If an employee is suspected of experiencing family and domestic, it is essential to check on their well-being and encourage them to seek professional help. This could include Australia domestic violence support services. Employers should also make information about support services like 1800 Respect and the Employee Assistance Program readily available in the workplace for all employees to access.

Here are some practical steps employers can take to support affected employees:

  • Develop a workplace policy: Creating a clear and comprehensive policy on family and domestic violence can help foster a supportive work culture and ensure that employees are aware of their rights and available resources.
  • Provide training to the leadership team: Equip managers and supervisors with the necessary knowledge and skills to identify and respond to employees experiencing family and domestic violence. This can include understanding the signs of abuse, knowing how to address the situation sensitively, and being aware of relevant laws and support services.
  • Offer flexible work arrangements: Implementing flexible work options, such as remote work or altered hours, as possible, can provide additional support for employees dealing with family and domestic violence. This flexibility allows them to manage their personal matters while maintaining their job security.
  • Maintain confidentiality: Respect the privacy of employees by keeping their disclosures confidential and handling any information with sensitivity. Ensure that the affected employee’s contact details and work schedule are not shared without their consent.
  • Establish a support network: Encourage the formation of a workplace support network where employees have a safe space to share their experiences and help each other. This can help create a sense of community and solidarity among employees.

Potential Benefits of  the Paid Family and Domestic Violence Leave Scheme

This recent implemented leave policy while benefiting family and domestic violence survivors also had a positive impact for employers and society as a whole.

For employees:

  1. Financial security: The paid leave allows employees to maintain financial stability while addressing domestic violence issues, which is crucial in helping them leave abusive situations.
  2. Reduced stress: By offering paid leave, employees can focus on seeking support and handling their personal matters without the added worry of lost income or job loss.
  3. Improved mental health: Access to paid leave can improve the mental health of employees affected by family and domestic violence. It provides an opportunity to seek professional help and work towards recovery.

For employers:

  • Increased productivity: Addressing family and domestic violence issues through paid leave can lead to more focussed and productive employees. They can better manage their personal matters without work-related stress.
  • Enhanced workplace culture: Providing support to employees experiencing domestic violence can foster a positive workplace culture, demonstrating empathy and understanding from the employer.
  • Reduced turnover: Offering paid leave for domestic violence can lead to lower employee turnover rates, as it shows a commitment to employees’ well-being and encourages loyalty.

For the community: 

  • Greater awareness: The introduction of the paid leave scheme raises awareness of family and domestic violence, encouraging open conversations and promoting the availability of support services.
  • Societal change: By acknowledging and addressing family and domestic violence through paid leave, the scheme contributes to a larger societal shift towards reducing and preventing such violence.
  • Economic benefits: Reducing the prevalence of family and domestic violence has far-reaching economic benefits, including decreased healthcare costs and increased workforce participation.

United Efforts for a Safer Society: Combating Family and Domestic Violence Together

By implementing the paid family and domestic violence leave scheme and taking proactive steps to support affected employees, Australia is making significant strides towards creating a safer, more inclusive work environment. The well-being of employees is clearly being prioritised.

Employers play a critical role in this process by fostering a supportive workplace culture, providing resources, and ensuring that survivors feel empowered and secure in their professional lives.

Together, these efforts demonstrate a strong commitment to addressing the pervasive issue of family and domestic violence. They also contribute to the broader goal of building a society where everyone can thrive without fear or harm. As we move forward, employers, employees and the community at large must continue working collaboratively to eliminate family and domestic violence. And more importantly, to support the resilience and strength of survivors.

If you would like to chat further about this Scheme, book in a free 30-minute consultation here.