As of 1 February, businesses will now be legally required to grant 10 days’ paid leave for employees who experience family and domestic violence.

Warning: This article mentions domestic and family violence and may be distressing for some readers. If you or someone you know needs help or support, phone 1800RESPECT or Lifeline on 13 11 14. Or visit the 1800RESPECT website.


Recent changes to the National Employment Standards (NES) will see workers entitled to 10 days’ paid family and domestic violence leave every year, an increase of five days under the previous scheme.

For businesses with more than 15 employees, the new laws commenced on 1 February 2023. Businesses with less than 15 employees have until 1 August 2023 to respond to the changes.

The important and long overdue changes have generated lots of questions, including who is eligible for the leave entitlement? Does paid domestic leave accumulate over time? Will casual employees be able to access the scheme?

What circumstances warrant access to the leave?

As a first step, it’s essential the definition of family and domestic violence is well understood. If the behaviour is violent, threatening or abusive, it’s family and domestic violence. If the behaviour seeks to coerce or control an employee, or causes them fear – including if this is coming from their current partner, a former partner or a member of their household – it’s family and domestic violence.

The new rules around paid family and domestic violence leave also extends to an employee’s close relatives, including a de facto partner or former de facto partner, a child, a parent, a grandchild, a grandparent or a brother or sister.

The changes to the NES also allow an employee to take paid family and domestic violence leave if a child, parent, grandparent, grandchild or sibling of their current or former spouse is a survivor of family or domestic violence. Likewise, if an employee’s de facto partner or a person related to them according to Aboriginal or Torres Strait Islander kinship rules is experiencing family violence, that employee is also entitled to such leave. 

How can paid domestic violence leave be used?

Survivors and their support network can use their ten days to access medical and crisis support or to find short-term accommodation.

It can also be used to attend court hearings or counselling, to access police services or to attend appointments with medical, financial or legal professionals.

When do employees have access to it?

Employees can access paid domestic violence and family leave from the moment their employment contract commences.

Paid family and domestic violence leave works differently to other types of leave as the entitlement is provided up front. Workers are entitled to ten days’ paid leave within 12 months. It does not accumulate over time; it renews each year on the employee’s start-date anniversary.

Importantly, an employee, whether they are a survivor or a close family relative, does not have to provide notice to access the leave. However, they do have to notify their manager.

Casual and part-time employees also have access to this new leave scheme.

Do employees need to provide evidence?

While it is not a requirement to provide evidence before accessing this leave, employers do have the right to ask the employee for it. 

Employers can also ask questions to assess whether or not it is practical for the employee to access the support they need outside of work hours. However, employers are advised to tread very carefully to ensure they don’t exacerbate the situation. 

An employer cannot share the information provided to them, unless: 

  • The employee consents;
  • The employer is required to deal with the information by law such as a legal request by police officers or payslip information requested by the Fair Work Ombudsman;
  • It is necessary to protect the life, health or safety of the employee or another person.

Using the private information for other purposes, such as termination of employment, performance management or a demotion, will be considered adverse action and will trigger General Protections provisions. 

It’s also important to note that employers are not allowed to record ‘domestic and family violence leave’ on an employee’s payslip, as a means to protect employees in case a perpetrator was to get access to their payslips.

How does the payment work?

Family and domestic violence leave payments will need to be made to full-time and part-time employees on the basis of the wage they would normally be entitled to.

Basic wages, incentive-based payments and bonuses, loadings, allowances, overtime or penalty rates or any other separately identifiable amounts, must be included in the payments.

The paid family and domestic violence leave benefits will require a shift in thinking when it comes to domestic violence being disclosed to an employer. 

This leave is just one way to support survivors. Employers can also help in a bigger-picture sense, such as by providing access to employee assistance programs, assuring employees that their personal information will be kept private and facilitating a safe environment for them to ask for any further support they may need to get back on their feet.

What are your thoughts how this is important in the private household staff industry, how can we as  families, HR managers and recruiters assist with this world wide issue?


This article is a extract of the original article  there has been some small changes to relate to our industry by HMR you can see the complete article here.


Jonathan Mamaril is the Director of NB Employment Law.

Be the first to comment on this article

Blog

A woman is walking with a group of children holding hands in front of a building.
By Justine Murray July 30, 2025
A damaged Russian kindergarten made headlines after all children were safely evacuated during a tsunami, thanks to emergency drills.
Learn what a Working With Children Check (WWCC)  why i
By Justine Murray July 28, 2025
Everything you need to know about the WWCC if you're a parent, nanny, or carer.
A mother and her little girl sat on the floor, sharing giggles as they played with colorful blocks
By Justine Murray July 28, 2025
Discover what a mother’s helper does, how they differ from a nanny, and how to hire one to support your family. Flexible help for busy parents across Australia.
A logo for a housekeeping and cooking experience.
By Justine Murray July 28, 2025
Looking for a Family Assistant in Australia? Discover what a Family Assistant does, how they support busy households.
A woman is sitting on a couch with her hand on her forehead.
By Justine Murray July 27, 2025
Thousands of families are calling for a class action against childcare centres after abuse allegations. Learn why this could reshape childcare in Australia
Australian nanny agency national working with children check urged by royal commission
By Justine Murray July 26, 2025
Calls for a national Working with Children Check are growing. Learn why consistent vetting matters for families — across all states.
By Justine Murray July 24, 2025
Victoria’s childcare sector has recently faced intense scrutiny how parents are choosing other options.
By Justine Murray July 19, 2025
How The Australian Nanny Agency is Redefining Nanny Recruitment in Australia
By Justine Murray July 18, 2025
Tresillian nurse one of the oldest professions in the world
Fussy eaters in your family, read about how with a little bit of creativity to help kids eat.
By Justine Murray September 30, 2018
There is not a lot more frustrating in this world than a fussy eater. Oh hang on, make that a toddler who is a fussy eater. Stubborn and unrelenting, the fussy eating mini human will resist all attempts by the parent or caregiver, with no concern whatsoever for their growling tummy or nutritional requirements, to feed them foods that they have decided they do like or will not eat at this particular moment on this particular day. Forget the fact that they ate broccoli by the bucket load yesterday, the fussy eating toddler will resist every urge to down those green trees today until you reach breaking point and either send them to bed hungry (with a belly full of your own guilt), wind up wearing more of the broccoli than you swore you actually prepared, or feeding them fish fingers and tomato sauce for the 9th night in a row. If the child you care for is a fussy eater, you are not alone. According to a new Australian survey, 85% of parents and carers of young children aged 2-12 are frustrated with picky eating and worried that their child is not getting essential nutrients for optimum health. According to the Australian Bureau of Statistics national health survey, only 5.4% of children aged two-to-18 years are eating the recommended 5 serves of vegetables a day, the number one food group on the top of the fussy eaters NO list. Only 1/20 children across the nation is meeting the requirements for both fruit and vegetables, having less than what is recommended by health professionals for good health for their age group, however the survey also shows that one-in-four children aged 5-17 years are currently overweight or obese. As most Nannies are responsible for the nutritional wellbeing of the children (and sometimes the whole family) in their care, measures need to be taken to cope with this fussy eating phase and help children adopt healthy habits and eating patterns for later in life. Lead by example Kids should see their caregivers make healthy food choices and, more importantly, that they enjoy them. There is no point in trying to get your child to eat Brussel Sprouts if you can’t stand them, so choose colourful, delicious options that everyone enjoys. Get Them Involved Kids love to cook and getting them into the kitchen and preparing their own food is a proven method to follow through to trying new things. If they can see how it is purchased, prepped and cooked, they are more likely to want to devour the end product. Be Sneaky If you’ve tried everything to get your fussy eater to gobble up the good stuff to no avail, try hiding it in their favourite dishes. Spaghetti bolognaise is pretty popular in most homes and can hide a myriad of vegetables in its sauce without changing the flavour. Adding berries or even vegetables to smoothies not only adds great colour and fun, but can boost vitamin content significantly. Teaching kids to eat whole vegetables and fruits is best (nobody wants to battle with a teenager that won’t eat broccoli unless it’s hidden in a lasagne), so this approach is suggested as a temporary measure to ensure your little ones are getting the nutrients they need to grow. Have Realistic Expectations and Sing Your Praise LOUD! Start by asking your child to smell and lick a piece of food, and work up to trying a mouthful over time. Praise your child for any small effort to try a new food and don’t push it if they try the food and still don’t like it - some people just don’t LIKE cabbage. Make Mealtime Fun The dinner table can get a little stressful and a lot of the time, being fussy with food is merely a cry for attention and reaction. Giving fussy eating lots of attention can sometime encourage the behaviour so just ignore it as much as you can. Set a limit for meal time to not exceed 30 mins (anything that goes on much longer than this is rarely fun!) and remove all distractions (ie TV, devices etc) so mealtimes are clearly defined as time to sit, talk and eat. Sometimes toddlers are too distracted to sit at the family table for a meal and it can be beneficial to have a little quiet time before meals so they can calm down before eating. Don't Reward With The Dodgy! One habit that is not a good one to adopt is rewarding making good nutritional choices with sugar-laden desserts and processed foods. “If you eat your dinner, you can have ice cream!” or “yes you can smother that cauliflower with tomato sauce - as long as you eat it!”. Whilst it can be extremely effective for some families, most toddlers will simply still refuse the food, lick the sauce off or cry even louder at the thought of missing out on their sweet ‘treat’. Stand your ground and follow through - a temper tantrum-filled dinner accompanied by a sugar high and crash does not make for a peaceful evening for you! Substitute For every food, there is almost always a substitute. If your child hates vegetables, offer them more fruit or legumes. If they won't eat yoghurt, encourage milk or cheese and if they dislike chewing red meat, try mince dishes, chicken, fish or baked beans. Don’t give up on foods that are disliked – keep on trying every now and then to help your kids develop their tastes, even for disliked foods. Is There Another Reason? Sometimes there is a deeper problem than just fussy eating. Some temporary ailments, such as teething, a sore throat, a blocked nose, or an upset tummy will inevitably affect a child’s appetite. Long term complaints, such as diarrohea, constipation, bloating, rash breakouts or mild allergic reactions and intolerances indicate a more serious reason why your child is instinctively avoiding these foods and should be investigated by a medical professional. Remember meal times are supposed to be fun and are a great way for families and carers to connect after a busy day. Recognising fussy eating as a simple phase and keeping your cool as it passes will keep you from pulling your hair out today and help your child to make great food choices later in life. More here: http://www.nutritionaustralia.org/national/resource/panicky-parents-fussy-eaters