10 Days Paid Family and Domestic Violence Leave on the Horizon

In a recent report, the Fair Work Commission has recommended the inclusion of 10 days of paid family and domestic violence (FDV) leave in 123 different awards.

This has the potential to make these 10 days of FDV available for over 2.5 million Australian workers.

The FWC stated that the introduction of the extra family and domestic violence leave will “help individuals to maintain their economic security, to access relevant services and to safely exit a life free from FDV”.

This comes amidst a reported rise in domestic violence incidents during the period since the start of the COVID pandemic.

It is proposed that modern awards be varied to provide all employees with 10 days’ paid FDV leave in a 12-month period and up to 5 days’ unpaid FDV leave on a per occasion basis. While the leave would accrue from year to year, it would not exceed 10 days. The leave would accrue annually.

The proposed FDV paid leave would apply only at this stage to permanent employees and would be paid at the base rate of pay.

Currently employees under the Fair Work Act, who are dealing with the impact of family and domestic violence can:

  • take 5 days of unpaid family and domestic violence leave each 12 month period;
  • take paid or unpaid personal/carer’s leave, in certain circumstances;
  • request flexible working arrangements.

If you have any questions or require advice in relation to the classification of independent contractors and employees, please contact Anderson Gray Lawyers on 1300 851 430 to speak with one of our employment lawyers.