Paid family and domestic violence leave becomes law

Many of these barriers are in relation to a person’s inability to take time off work, or afford to take time off work.

In an attempt to overcome this, the Federal government passed legislation to replace the previous family and domestic violence leave arrangement from 5 unpaid days per year, to 10 paid days per year. This is now included in the National Employment Standards.

This will allow people experiencing domestic and family violence the time to leave their abusers, as well as deal with other impacts of the violence, such as medical, financial and legal assistance.

The new law will allow people to do this without risking job security and without losing income.

Employment Minister, Tony Burke said that it “will not by itself solve the problem of family and domestic violence, but it does mean no employee in Australia will ever again be forced to make a choice between earning a wage and protecting themselves and their families.”

Is this available to casual employees?

The payment will be available to all employees, whether full-time, part-time or casual.

When will it commence?

The leave payment will be available for most employees from 1 February 2023. However, employees of small business (less than 15 employees), may not be able to receive the entitlements until 1 August 2023 to allow businesses to adjust their payrolls and accommodate the entitlements.

Am I eligible?

You will be eligible for the payment if you:-

  • Experience family and domestic violence; and
  • Need to do something to deal with the impact of the violence; and
  • It is impractical to deal with the violence outside of your ordinary hours of work.

This may include:-

  1. Making arrangements for your safety or the safety of a close relative, such as a dependent child;
  2. Accessing Police and Justice services;
  3. Attending appointments with medical, financial and legal professionals; and
  4. Attending urgent court hearings.

If you are experiencing family violence and would like legal advice, contact our office on 4655 4224 and one of our friendly team will be willing to arrange a confidential discussion.

Ready to take the first step towards peace of mind?

Get in touch with our compassionate team, and let’s
discuss how we can support you and your family.