Earlier this month, the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 passed the lower and upper houses of the Australian Parliament. This amendment for the first time introduces paid leave for family and domestic violence (FDV) to the National Employment Standards.
Appropriately, the amendment was passed just weeks before the International Day for the Elimination of Violence against Women, which lands on 25 November. While family and domestic violence is an issue that affects all genders, it does disproportionately impact women.
So what exactly do the changes mean? How will they support greater participation in the workforce, especially for women? And what do businesses need to do to prepare? We sat down with our National Manager of Workplace Relations Bob Venema to talk through some of the detail.
Can you summarise the changes?
At the moment the National Employment Standards include five days of unpaid FDV leave per year. From 1 February next year that will become ten days of paid leave per year. (For small businesses the commencement date is 1 August 2023.) Those days reset to ten at the end of each year, so employees won’t be able to accrue or roll over this leave into subsequent years.
One very important difference to the current system is that this also applies to casuals. This is the first time we have a fully paid leave entitlement for casuals. This is partly controversial because some people have wondered, why would I pay casuals when they’re not working? Isn’t that the whole point of hiring a casual?
But when you look at the category of people who tend to be in that situation, they often are women in insecure or casual work. They’re very vulnerable people already. So if you really want to do something about the elimination of violence against women in Australia, it’s important that those casuals are absolutely included into that system.
In what ways will the amendment support participation in the workforce?
From a societal point of view, as an employer you want to look after your staff and you also have an obligation to make sure they are safe. This should go further than just nine to five. We’ve seen that in the last couple of years with the greater focus on mental health and things like that, issues that go beyond the hours of work but are connected to work.
Providing a safety net for vulnerable people will have a positive effect on workforce participation and keep people in the workforce, keep them productive and, importantly, keep them safe. This is especially important in this day and age when we’re dealing with skills shortages and seeing the value of things like diversity, equity and inclusion. It’s a no-brainer from that point of view.
What kinds of things do businesses need to be doing to prepare?
It’s really important that businesses begin preparing now, if they haven’t already. The changes come into effect on 1 February, which is not much more than two months away. It is quite possible that employers will be approached with requests for FDV leave on the first day of those changes coming into effect. They need to be ready, both culturally and in a business sense.
Often people having these kinds of experiences can feel a sense of shame or that they are going to be judged or blamed. Or there will be a lack of understanding about the reasons FDV leave might be required. Make sure there is a culture of understanding, and that HR and other managers are trained to recognise the many situations that may result in a leave request. For example, FDV-related appointments with lawyers or financial advisors will normally occur during business hours.
Businesses also need to be aware that this is a very sensitive issue, so confidentiality is an important consideration. A person is not necessarily going to put in a leave form saying they want to use their paid FDV leave. The use of a generic leave label should be considered, so that the paid FDV leave is not disclosed to any other employee or, possibly, the perpetrator of the FDV.
What other things need to be considered?
The pay entitlement is different to annual and sick leave, and is a new concept for casual workers. Businesses therefore need to think about their HR system, and also review their payroll processes to ensure the correct amounts are paid for FDV leave. For example, if the person usually works overtime, does shift loading apply? Things like that need to be taken into consideration.
Further, if a leave request is made by an employee working from home, this should put their employer on notice that the employee could be in a violent or threatening environment while at work. If possible, it may be appropriate to offer that the employee attend the office rather than continuing to work from home.
It is in the interests of both employees and employers that robust, well thought-through policies are in place ahead of the 1 February commencement. Managers can require an employee to provide evidence that they took the leave to deal with FDV. A comprehensive policy will help guide the manager in when to request evidence and what type of evidence (if any) is reasonable to request.
In what ways can Bayside Group assist?
We can advise and assist businesses on all policies and procedures related to FDV and paid FDV leave. We can also assist with reviewing payroll systems to ensure that people accessing FDV are paid correctly. For more information or tailored advice please
contact the Bayside Group Workplace Relations department.
