The Federal Government recently passed its legislation to introduce paid FDV leave for all employees, under the National Employment Standards.

At a glance:

• Starting on 1 February 2023 for most employees
• Starting in August 2023 for small businesses
• The legislation proposed 10 days paid leave per year
• The bill is being reviewed by a Senate Standing Committee, with a hearing today.
• The explanation we have been given is that the leave does not accrue (if it is not taken) but does refresh each year (if it is taken), from the anniversary of the start date of the employee.
• Employees can take the leave if they need to do something to deal with the impact of family and domestic violence and it’s impractical to do so outside their ordinary hours of work. (Fair Work Commission description)
• The leave does not need to be taken all at once or on consecutive days.
• Since this provision is in the NES, it applies to all employees (including casual)
• The leave is paid by the employer. COSBOA is advocating for government funding of this leave in some circumstances, eg. microbusinesses, small businesses.
• References: Minister’s Media Release | Fair Work Commission