Update on Paid Family and Domestic Violence Leave

The Senate Education and Employment Legislation Committee has delivered its Report on the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022, which proposes to include 10 days paid Family and Domestic Violence (FDV) leave in the National Employment Standards (NES).  The committee recommended that the Senate pass the bill. 

The committee also recommended that the Government commission an independent review of the bill 18 months after its commencement, including an assessment of the adequacy of support and guidance available to business to assist with implementation of the bill. 

Coalition senators made additional recommendations around the cost to business, particularly extending paid FDV leave to casual employees and the impact on small and family businesses. 

Greens senators made additional recommendations around the definition of family and domestic violence, guidance for employers, provision of additional unpaid FDV leave when paid FDV leave has been exhausted, and that experiencing family and domestic violence or accessing FDV leave be included in the Fair Work Act 2009 as protected characteristics that prevent employers taking adverse action against employees or prospective employees.

The bill will now return to the House of Representatives for debate and, if passed, will move to the Senate for its concurrence.  In the meantime, the current entitlement in the NES of five days’ unpaid FDV leave continues.  CCSA will continue to monitor the progress of this legislation and will provide further information to our members as it becomes available.

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