This piece was provided by WorkHaven.
Last year, we partnered with WorkHaven to develop a Domestic and Family Violence policy template for members. Since that time, there have been changes in relation to workplace’s responsibilities to provide support for employees who are experiencing DFV. These changes applied to businesses with 15+ members from February 2023 and will apply to all other businesses from August 2023.
We have had a few queries from members who are seeking to better understand their obligations, so here is a summary for you:
DFV leave
People experiencing DFV are entitled to 10 days paid leave per year. This leave entitlement is not cumulative but renews on a person’s work anniversary.
A person may use their DFV leave to relocate away from the violence, seek support from specialist services or their doctor, report the matter to the police or attend court, support a close family member who is affected.
This leave should be taken in a block and/or part or full days, depending on the person’s situation and needs.
Recording DFV leave on payslips
Under the new legislation, to protect a person’s privacy, the amount paid to an employee for taking paid family and domestic violence leave must be recorded on a pay slip as:
- ordinary hours of work, or
- another kind of payment for performing work, such as an allowance, bonus or overtime payment.
However, if an employee requests it, their employer can record time taken as paid family and domestic violence leave as another type of leave on their pay slip (for example, annual leave).
If an employee has taken a period of paid family and domestic violence leave, it is best practice for their employer to record this on their pay slip in a way that makes the pay slip look as close as possible to how it would have looked if the employee had not taken the leave. If you are unable to do this, we recommend you use the term “special leave” to classify DFV leave.
Evidence of DFV
It can be difficult for a person to prove they are affected by DFV, as this may require them to involve the police or courts. We recommend that, where possible, you take an approach of trust and provide the leave based on their disclosure.
For further information
Please refer to the FTMA DFV policy template, which can be found on the FTMA HR Portal or visit fairwork.gov.au .
If you or one of your colleagues, workers, friends or family is impacted by DFV, please contact 1800RESPECT on 1800 727 732.
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