HR Tips & Answers

Paid family and domestic violence leave

Did you know that from next year (2023), all employees in the Fair work system (including casual and part-time employees) will be able to access 10 days of paid family and domestic violence leave in a 12-month period.

The 10 days leave must be paid at the employee’s full rate of pay that they would have received if they’d been at work during the period of leave taken.  The 10 days leave renews on the employee’s work anniversary  – it does not accumulate if it’s not used in the 12 months before that date.

The new paid entitlement will replace the current entitlement to 5 days of unpaid family and domestic violence leave under the National Employment Standards (NES).

Your employees will continue to be eligible for 5 days of unpaid family and domestic violence leave until the new paid entitlement becomes available on the dates applicable to the size of your business.

Access to the new leave will be available from:

  • 1 February 2023: for employees of employers with 15 or more employees as at 1 February 2023
  • 1 August 2023: for employees of small business employers with less than 15 employees as at 1 February 2023.


This leave can be used for matters that they may not be able to manage during their working hours, such as:

  • Making arrangements to move for their safety, or the safety of a close relative
  • Attending counselling, medical or other appointments related to their situation
  • Going to court hearings or other legal assistance


The new leave provisions will be independently reviewed after 12 months to consider their impact on small businesses, sole traders and the employees experiencing family and domestic violence.

In the current employment climate, attracting and retaining valuable employees makes economic sense, so it’s important to provide support for employees on many levels and especially to those who may be experiencing family or domestic violence.

Does your business have an Employee Assistance Program, an EAP Policy or access to local support services? Do you know what changes your business needs to make to ensure you are supporting your employees?

If you need help with setting up an EAP service, payroll or other information relating to the new leave entitlement or any other employment matters please don’t hesitate to contact Leisa and the WorkBetter team on 02 6009 1000 or call into our office at 52 High St Wodonga

In the meantime if this has raised any issues for you or your employees confidential information, counselling and support for people impacted by domestic and family violence is available at the 1800 RESPECT website, the national sexual assault, domestic and family violence counselling service.

Published: Tuesday, November 22nd, 2022

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