• Legislation & regulations

The National Employment Standards have been changed to introduce a new paid family and domestic violence leave entitlement beginning from February 2023.

What is the entitlement?

Full-time, part-time and casual employees will be able to access 10 days of paid family and domestic violence leave in a 12-month period.

Full-time and part-time employees can take paid family and domestic violence leave at their full pay rate for the hours they would have worked if they weren’t on leave.

Casual employees will be paid at their full pay rate for the hours they were rostered to work in the period they took leave.

The full 10-day leave entitlement will be available up-front. It does not accumulate from year to year if it is not used.

When will it begin?

The leave became available on 1 February 2023 for employees of non-small business employers (who have 15 or more employees on 1 February 2023).

The leave will become available on 1 August 2023 for workers of small business employers (employers with less than 15 employees on 1 February 2023).

Until employees can access the new paid entitlement, they will continue to be entitled to five days of unpaid family and domestic violence leave.

Other provider obligations

Providers should ensure that they are familiar with their obligations regarding the new entitlement to paid family and domestic violence leave, including:

• interaction with other paid leave
• pay slip requirements
• notice and evidence requirements.

Prepare for this change to ensure you are meeting your legal obligations and licence conditions. Significant penalties may apply if you are non-compliant.

Prepare

You can learn more about paid family and domestic violence leave on the Fair Work Ombudsman website.