WORKPLACE RELATIONS

Family And Domestic Violence Leave

In 2018, five days unpaid family and domestic violence leave was introduced into the National Employment Standards.

The amendments to the Act provide eligible employees access to 10 days paid family and domestic violence leave per year. From 1 February 2023, paid leave is available for those working in a business with 15 or more employees, and for small businesses with 15 or less employees, from 1 August 2023.

Employees may continue to access up to five days unpaid family and domestic violence leave until the new paid entitlement becomes available to them.

It may be taken by employees experiencing family and domestic violence to deal with the impact of family and domestic violence, where it is not practical for them to do so outside their work hours.

Paid leave is available to full time, part time and casual employees. The 10 days become available upon commencement of employment and the days do not accumulate from year to year. The paid leave entitlements renew on the employee’s work anniversary.

What does this mean for employers?

Leave can be taken as single or multiple days. An employer and employee can also agree for an employee to take less than one day at a time.

Employees are required to notify their employer as soon as possible if they need to take the leave. An employer can ask for evidence, but the information can only be used to satisfy themselves that the family and domestic violence leave needs to be taken. The evidence provided must be stored in such a manner to ensure it remains confidential.

Payment is to be at the employee’s full pay rate for the hours they would have worked but for the fact they were on leave. A payslip should not record that the leave taken was family and domestic violence leave.

Right To Request Flexible Working Arrangements

Changes have been made to the Act to strengthen the right to request flexible working arrangements to assist eligible employees to negotiate flexible arrangements that suit both the employee and employer. Changes come into effect on 6 June 2023.

The amendments to the Act:

• expands the circumstances in which an employee may request flexible work arrangements to include employees who are pregnant as well as situations where an employee, or a member of their immediate family or household, experiences family and domestic violence,

• provides a fair and transparent process for responding to flexible working arrangement requests, and

• allows the FWC to deal with a dispute about a request, including attempting to resolve the dispute by conciliation, mediation or if necessary mandatory arbitration, in circumstances where employers and employees cannot agree on a solution at the workplace level.

What does this mean for employers?

Employers have an obligation to discuss an employee’s request for a flexible working arrangement when