Mat Jetmar, Business Partner, People & Culture, joined last week’s Manager Briefing to outline the recent changes to paid family and domestic violence leave under the Fair Work Act (the Act). If you missed this valuable session, you can watch it here.
What has changed?
From 1 February 2023, employees are entitled to 10 days of paid family and domestic violence leave under the National Employment Standards (NES). This applies to full-time, part-time, and casual employees.
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 NES will apply.
| 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 | NES applies to ensure 10 days’ paid leave per annum |
| Casual | 10 days | Up to 10 days | Paid leave – NES
Unpaid leave – Enterprise Agreement Payment is based on rostered shifts. |
What is the procedure if one of my team wants to take family and domestic violence leave?
Managers can now directly request family and domestic violence leave for their employees through Employee Services (Payroll) through a Central ticket ‘Log a request on Central’. Alternatively, employees can apply for leave by contacting their P&C Business Partner.
When family and domestic violence leave is requested, Employee Services will notify the requestor if the employee is approaching, or will exceed, their paid entitlement under the relevant industrial instrument (EBA, or NES).
If required, further family and domestic violence leave can be approved beyond the entitlement under the NES or the relevant Enterprise Agreement on a case-by-case basis.
Employees are entitled to take leave if they are experiencing family or domestic violence and require time off to attend court hearings, appointments, or other activities because of family or domestic violence. Note that evidence is not required, but it may be requested.
Family and domestic violence leave is coded in the background only by Employee Services to maintain confidentiality. Specific senior members of Employee Services will handle these requests and will provide confirmation once actioned. It will not appear on an employee’s timecard.
Other leave types can appear on the employee’s timecard or it may have the employee’s normal hours. As a manager, you can consult with the employee on what is most appropriate for their circumstances.
If you have any further questions, please contact your Business Partner.
Approved by Chris McLoughlin