There are specific things you need to do to set your business up to provide access to paid family and domestic violence leave for those who need it.
Both casual and part-time workers are entitled to 10 days of paid family and domestic violence leave for the hours in the period in which they were rostered to work.
Casual employees can also take a period of paid family and domestic violence leave that does not include the hours they are rostered to work. During this time, employers are not required to pay the employee for the leave taken on the day when they weren’t rostered to work.
What this means for the employee is that they cannot be adversely treated in circumstances where they refuse an extra shift, or are unable to make themselves available for an unrostered shift because they’re taking family and domestic violence leave.
As an employer, you must take steps to ensure that any information or notice provided by an employee of their intention to take FDV leave is treated confidentially, as far as it is reasonably practicable to do so.
You must not use any information regarding FDV Leave for a purpose other than to confirm that your employee meets the eligibility requirements for the leave, unless your employee consents to have the information used for a different purpose.
It’s important to note that you are not prevented from sharing family and domestic violence information where it is required by an Australian law or is necessary to protect the life, health or safety of your employee or another person.
Pay slips must not mention FDV Leave, including any leave taken and leave balances. The leave taken must be recorded as ordinary hours of work, or another kind of payment for performing work, such as an allowance, bonus or overtime payment. This is a requirement per the Fair Work Regulations.
The employee may also request that it is recorded on the payslip as another type of leave, such as annual leave.
An employer must maintain a separate, confidential record of an employee’s leave balances including their entitlements to FDV Leave.