10 DAYS PAID FDV LEAVE NOW LAW

10 DAYS PAID FAMILY AND DOMESTIC VIOLENCE LEAVE BECOMES LAW

On 27 October 2022, paid Family and Domestic Violence Leave (FDVL) became law in Australia after the Federal Government passed the long fought-for Bill through the Parliament.

This workplace entitlement, which has become one of the National Employment Standards, begins from 1 February 2023 for all employees in Australia who work for larger companies, including casuals and part-time employees. Small businesses will have an extra six months to adjust to the changes, meaning it which will come into effect for them from 1 August 2023. The legislation will be reviewed in 12 months’ time, to make sure the entitlement is operating effectively.

What you need to know Family and Domestic Violence means violent, threatening or other abusive behaviour by an employee’s close relative that: ¿ 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. In a recent survey on family and domestic violence, 30% of respondents reported that they had experienced domestic violence, and 5% of those respondents had experienced violence in the last 12 months. A 2021 study estimated that 27.5% of Australian women had experienced violence or emotional abuse by a current or previous partner.

Across Australia, police deal with an average of 240,000 domestic violence matters per year. In NSW, “domestic assault” has risen from a rate of 257 per 100,000 people in 1995 to a rate of 400,000 incidents per 100,000 people in 2020.

Victims and the workplace Family and domestic violence is an insidious social issue with far-reaching consequences for individuals and communities. Employment is a key pathway for people leaving a violent relationship. The financial security that employment affords to victims of abuse increases their ability to escape the violent relationships, to recover from the effects of the violence, and to care for their children. The workplace can be the only place where the victim spends time physically away from the perpetrator, giving the victim space to reorganise their life. Two-thirds of Australian women who reported violence by a current partner were in paid employment.

Nearly half of those who had experienced domestic violence reported that the violence affected their capacity to get to work, primarily due to injury or being restrained, followed by hiding keys and failure to care for children. Negative effect on work performance was the main reported result, with 16% reporting being distracted, tired or unwell, 10% needing to take time off, and 7% being late for work. This impacts not only productivity within a workplace but also absenteeism, staff turnover, recruitment and training. Recently, Price Waterhouse Coopers estimated that the annual cost to the Australian economy of violence against women caused by a partner was $12.6 billion. Previous data revealed that employers shouldered 6% of the total economic cost of violence against women in Australia, with the Commonwealth Government and the victim bearing respectively 26% and 31% of the cost. By contrast to personal leave entitlement, FDVL can be used not only for medical and health related purposes, for example, appointments with a medical practitioner or counselling, but also to attend court and related appointments, seek legal advice and make relocation arrangements.

The real effect on businesses The experience of Australian employers who have already implemented FDVL entitlements suggests the number of employees likely to apply for this leave is not significant. Telstra, for example, has stated that for the period November 2014, when they introduced their FDVL policy, to November 2015, 17 individuals (12 women and five men) across Australia had used the leave entitlements, taking a combined total of 45 days leave. The provision of paid FDVL can benefit employers through higher retention rates, improved health outcomes for staff and higher staff morale. Paid FDVL is designed to assist victims of domestic violence to remain in paid employment, support them through the process of escaping abusive entrapment in their relationships and to promote a financially secure environment for all employees in the workplace. This safe environment is a preventive measure, which is costeffective and can be delivered relatively easily. It also sends a strong message of cultural intolerance towards violence.

If you have an enquiry regarding entitlements to FDVL, please call the Compliance Support Unit on 9009 4000.

WORKERS COMPENSATION

MADE EASY

Proud partners of the Civil Contractors Federation (CCF) NSW for 13 years.

At EML, we understand the civil construction industry and have the expertise and services to improve safety within your workplace and help injured workers return to work sooner. We reduce risk, contain costs and help your business and employees get back to work.

As a customer of EML, your business can access a range of services through our Mutual Benefits, including:

• Annual Employer Training Program delivered via webinar and/or face-to-face sessions • Free online training platform and courses – EMlearning • Access to exclusive deals through our suppliers – EML Offers • Free safety management system, tools and templates – EMsafe • A range of employer resources including videos, articles, tools, guides and case studies

CLAIMS

WE MANAGE OVER 80,000 PERSONAL INJURY CLAIMS.

WE EMPLOY OVER 2,900 PEOPLE AND ARE RECRUITING MORE.

WE MANAGE OVER $3.4BN IN PREMIUMS.

PEOPLE SCALE EXPERTISE

WE HAVE OVER 100 SPECIALISTS ACCOUNTABLE FOR PERFORMANCE.

HELPING PEOPLE GET THEIR LIVES BACK AFTER WORKPLACE INJURY AND ILLNESS FOR OVER 110 YEARS.

For more information contact us at