Family and Domestic Violence leave and payslips

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We have flagged that from 1 February 2023, employers with 15 or more employees must provide their employees with 10 days paid family and domestic violence leave (FDVL) per year as part of the latest addition to the National Employment Standards (NES).

There are also new rules about information on an employee’s payslip relating to paid family and domestic violence leave.

Paid FDVL leave is now accessible by all employees including casuals who have been ‘rostered’ (which means they have accepted an offer to work). It is available in full for all employees (including casuals) so it’s not a ‘pro-rata’ entitlement.

It is also available ‘upfront’ meaning it does not accrue and is available in full (10 days of pay) from commencement, renewing on the employee’s anniversary date. It is also payable at the rate that the employee would have earned had they worked instead of taking the leave (not their base rate of pay).

Employers need to keep a record of leave balances and any leave taken by employees, but payslips must not mention family and domestic violence leave, including any leave taken and leave balances This is to reduce the risk to an employee’s safety when accessing paid family and domestic violence leave.

If you’re in doubt about how to apply the new law, call a NatRoad advisor.