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6226 1200
22 August 2023

New leave entitlement in small businesses

Rebecca Crawford

Special Counsel

Paid family and domestic leave now extends to employees in small businesses from 1 August 2023.

The entitlement under the National Employment Standards previously came into effect on 1 February 2023 for businesses with more than 15 employees.

This is what you need to know about family and domestic violence leave:

  • Employees can access up to 10 days of paid leave each year if they are experiencing family and domestic violence as defined in the Fair Work Act.
  • The 10 days are available right away and the entitlement does not accrue.
  • All employees can access it – including casual workers.
  • Employees must be paid their full rate of pay as if they had worked including loadings, allowances, overtime, penalty rates and incentives.
  • An employee must notify the employer as soon as practicable to take the leave.
  • An employer can request evidence to satisfy a reasonable person that the employee is experiencing family and domestic violence.

The Fair Work Ombudsman provides more information regarding the leave entitlement here.

Employers should understand this entitlement to support employees to correctly access it when needed.

If you need expert legal advice on this issue, please contact our Employment Law team on 03 6338 2390 (Launceston office) or directly by email to Rebecca Crawford, Melissa Hamill or via Alice Cox.

Alternatively, contact our Hobart or Kingston Office Employment Law team on 03 6226 1200.

Visit our website for more information and an overview of our Employment Law capabilities.

Or contact us by email today.

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