As communicated in the ER Bulletin on 28 October 2022, all workers will soon be able to access up to 10 days of paid family and domestic violence leave in a 12-month period. The paid leave will be available from,
• 1 February 2023, for employees of non-small business employers (employers with 15 or more employees on 1 February 2023); and
• 1 August 2023, for employees of small business employers (employers with less than 15 employees on 1 February 2023).
From 1 February 2023, there are also new rules about information that must not be included on an employee’s payslip relating to family and domestic violence leave. The following must not be recorded on an employee’s payslip:
• That an amount paid to an employee is a payment for paid family and domestic violence leave;
• A period of leave taken by an employee has been taken as paid family and domestic violence leave;
• An employee’s paid family and domestic violence leave balance.
If paid family and domestic violence leave is recorded on a pay slip, this may be a significant risk to the employee’s safety should the perpetrator of the violence have access to their pay records. The Fair Work Regulation 2009 (Cth) has not yet been updated to reflect pay slip requirements from 1 February 2023 however the suggested examples have been for the family and domestic violence leave to be recorded on an employee’s pay slip as ordinary hours, overtime or training.
Members are encouraged to reach out to your payroll providers or payroll software providers in advance of the 1 February 2023 requirements, to ensure family and domestic violence leave will not appear as family and domestic violence leave on any employees’ payslip and that an alternative arrangement has been made for how the leave will be reflected.
How family and domestic violence is paid
Unlike other leave types, like personal (sick) and annual leave which is paid at the employee’s base rate of pay, paid family and domestic violence leave must be made at the employee’s full rate of pay for the hours they would have worked if they weren’t accessing the leave.
For full-time and part-time employees, the full pay rate is their base rate plus any,
• Incentive-based payments and bonuses,
• Monetary allowances
• Overtime or penalty rates
• Any other separately identifiable amounts.
For casual employees, payment must be at the employee’s full rate of pay worked out as if the employee had worked the hours in the period they were rostered. This includes circumstances where a casual employee has accepted an offer from the employer to work certain hours, for example,
• The employer gives the casual employee in advance a list of shifts to be worked.
• An order and acceptance of work that has been agreed verbally (i.e.it does not need to be confirmed in writing).
As the ‘full pay rate’ for paid family and domestic violence leave is a change to how other leave types are paid to employees, members need to be mindful of this as the 1 February 2023 timeframe fast approaches.
The QHA’s Employment Relations team are finalising resources to assist members with the new paid family and domestic violence leave entitlement.
QHA members seeking more information or wishing to discuss a specific employment relations matter are encouraged to contact the Employment Relations Department for a confidential discussion by calling 07 3221 6999 or emailing firstname.lastname@example.org.