Changes to paid family violence leave

Under recent changes to the Fair Work Act (the Act), all employees, including part-time and casual employees, can now access 10 days of paid family violence leave per annum. Leave is available to employees experiencing family violence and can be used for a range of reasons, for example to attend court hearings, appointments, or other activities as a result of family violence.

This paid leave is not pro-rated for part-time or casual employees. This leave is available up front for all employees from 1 February 2023, renews on an employee’s anniversary date and does not accumulate from year to year.

Enterprise Agreements that operate at Monash Health already provide an entitlement of 20 days’ paid family violence leave for full-time employees, pro-rata for part-time employees, and unpaid leave for casual employees.

Interaction with Enterprise Agreements

Enterprise Agreements cannot provide a standard below that provided by the National Employment Standards contained in the Act. Therefore, where employees’ entitlements under their Enterprise Agreements are more generous than under the Act, they will continue to apply. However, where the entitlement under the Enterprise Agreement is less generous, the entitlements under the Act will apply.

Casual Employees

Currently, Enterprise Agreements provide for 20 days’ unpaid leave per annum. From 1 February 2023, casual employees will be entitled to 10 days’ paid family and domestic violence leave (entitlement under the Act) and 10 days’ unpaid leave (Enterprise Agreement entitlement), totalling 20 days per annum.

Casual employees will receive any allowances, loadings and/or penalties which they would have received had the leave not been taken. This entitlement will apply to rostered shifts only.

Part-time Employees Working Less than 0.5EFT

Currently, the Enterprise Agreements entitle employees up to 20 days of paid leave for full-time employees, which is pro-rated for part time employees. As an employee working less than 0.5EFT will have a pro rata amount of less than 10 days, they will be entitled to 10 paid days as a minimum regardless of contracted hours.

Part-time employees working 0.5EFT or more, will continue to receive the 20 days per annum pro-rata as per the Enterprise Agreement.

Part-time employees will receive any allowances, loadings and/or penalties which they would have received had the leave not been taken.

Summary of entitlements

Employment Paid leave Unpaid leave   Source of leave 
Full-time

 

20 days N/A Enterprise Agreement
Part-time ≥ 0.5EFT

 

20 days pro rata N/A Enterprise Agreement
Part-time < 0.5EFT 10 days N/A Enterprise Agreement, plus the Act applies to ensure 10 days’ paid leave per annum
Casual

 

10 days 10 days Paid leave – the Act

Unpaid leave – Enterprise Agreement

How to request Family Violence Leave

 To apply for family violence leave you can speak with your manager about taking this leave.  However, there may be some circumstances that you may prefer not to disclose needing to take this leave. While we encourage you to speak to your manager, in this case please advise your manager you require sick leave, and contact your People and Culture Business Partner to let them know that the leave is for family violence reasons.  This will be kept confidential.

Managers and People & Culture Business Partners can request the leave on your behalf through ‘Log a request on Central’, Shared Services, SS – Payroll Enquiry (Payroll) by selecting the ‘Family Violence Leave’ subcategory on the Payroll Enquiry form, available on the Intranet.

Supporting evidence may not be required, however we reserve the right to request this. Importantly, leave is coded in the background by Employee Services and will not appear on your timecard or payslip.

Family violence is a health issue 

In a health service as large as ours, the impact of family violence is significant, but the workplace can be a significant support for those facing violence. Visit our Respectful Relationships and Family Violence page for resources to help employees impacted by family violence, along with information to ensure employees can identify, respond and provide advice to help keep people safe.

Supporting employees experiencing family violence 

There are support options available to employees experiencing family violence, in addition to family violence leave. These include:

  • supporting confidentiality
  • flexible work options
  • counselling
  • workplace safety planning.

For information on how to support a team member impacted by family violence, download our Family violence manager’s guide to supporting our employees. There is also a 30-minute eLearn available on Latte that you are encouraged to complete (this training is mandatory for managers).

Next steps

We are currently updating our payroll systems, procedures and supporting materials to reflect these changes to paid Family Violence leave.

If you have any questions, please speak to your Manager, People & Culture Business Partner or the HR Advice line on 9265 2724 or hradvice@monashhealth.org.

If you’re affected by issues in this article, you can also call 1800RESPECT or receive confidential counselling through our Employee Assistance Program on 1300 338 465.

 

Approved by: Michael Holman



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