Domestic violence is a workplace issue

In 2023, there are approx. 800,000 FDV victim-survivors in the workforce.  

Last year the NSW Government doubled family and domestic violence leave provisions for all NSW public sector workers, with staff able to access 20 days of paid leave per calendar year from 1 January 2023. This was the result of successful lobbying by ASMOF NSW and other NSW public sector unions. 

The enhanced entitlements, which came before the amendments to the National Employment Standards (NES) (2022), were developed after discussion with unions, Government employers and family and domestic violence policy experts. 

Key Information: Employees, including casual employees, can access 20 days of paid domestic and family violence leave per calendar year (non-cumulative and can be taken in part-days, single days or consecutive days).  

The leave may be taken for the following purposes:  

• Seeking safe accommodation 
• Attending medical, legal, police or counselling appointments relating to their experience of domestic and family violence 
• Attending court and other legal proceedings relating to their experience of domestic and family violence 
• Organising alternative care or education arrangements for their children, or 
•  Other related purposes approved by the agency head. 

For more information, see: NSW Government, Domestic and Family Violence Leave 2023 and contact ASMOF for specific advice on your entitlements.

NATIONAL EMPLOYMENT STANDARDS  

Last month, more than 11 million Australian workers were given access to 10 days of paid family and domestic violence leave under amendments to the National Employment Standards (NES). The Australian Council of Trade Unions (ACTU) have published model clauses for paid family and domestic violence, which include additional support and protection mechanisms.  

For Employers 

• From 1 February 2023, there are rules about information that must not be included on an employee's pay slips relating to paid family and domestic violence leave.  

• This reduces the risk to an employee's safety when accessing paid family and domestic violence leave. 

Employers must update their payroll processes and software immediately if they have not already. It is unacceptable that in the month since the legislation has come into effect that payroll has not been reviewed and updated to reflect the changes. Reactive amendments to payroll software could result in delayed payment of wages or mistakes being made in the software. 

Recourses and Related Information 

• ACTU Model Clause  
• Family and domestic violence fact sheet 
• Taking paid family and domestic violence leave
• Notice and evidence for paid family and domestic violence leave