As noted in our previous blog, the entitlement to 10 days paid family and domestic and violence leave per year for all employees (including casuals), commences on the 1 February 2023 for employers with 15 employees and more, on 1 August 2023 for employers with less than 15 employees.
How is family and domestic violence leave to be dealt with in payslips?
One of the concerns raised with the new obligations has been how family and domestic violence leave is to be dealt with in payslips and specifically the risk that the recording of family and domestic violence leave on a pay slip may pose a risk to victim survivors if the perpetrator of violence gained access to the employee’s pay slips and sees that such leave has been taking.
In response to these concerns the Government will make amendments to the Fair Work Regulations 2009 via the Fair Work Legislation Amendment Regulations 2022 to prohibit employers from including information concerning family and domestic violence leave on employees’ pay slips. The Regulations will also remove ambiguity for employers concerning how to record the leave on pay slips.
Specifically the Regulations provide that the following must not be included on payslips:
- a statement that an amount paid to an employee is a payment in respect of the employee’s entitlement to paid family and domestic violence leave; and
- a statement that a period of leave taken by the employee has been taken as a period of paid family and domestic violence leave; and
- the balance of an employee’s entitlement to paid family and domestic violence leave.
A note included in the Regulations indicates that the leave can be recorded in a payslip in ways including: “to state that the amount is paid as special leave, miscellaneous leave or leave—other”.
If you require any further guidance on paid family and domestic violence leave, including wording to update policies or contracts, please contact us.