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PAID FAMILY AND DOMESTIC VIOLENCE LEAVE ON PAY SLIPS

31 March 2023 | Kennas Client Resources

There are rules about how information about paid family and domestic violence leave must be reported on pay slips and what information must not be included, including some transitional rules. This is to reduce the risk to an employee’s safety when accessing paid family and domestic violence leave.

Employers need to keep a record of leave balances and any leave taken by employees. However, pay slips must not mention paid family and domestic violence leave, including any leave taken and leave balances.

From 4 February 2023, an amount paid to an employee for taking paid family and domestic violence leave has to be recorded on a pay slip as:

  • ordinary hours of work, or
  • another kind of payment for performing work, such as an allowance, bonus or overtime payment.

However, if an employee requests it, their employer can record time taken as paid family and domestic violence leave as another type of leave on their pay slip (for example, annual leave).

If an employee has taken a period of paid family and domestic violence leave, it is best practice for their employer to record this on their pay slip in a way that makes the pay slip look as close as possible to how it would have looked if the employee had not taken the leave.

Example: Recording paid family and domestic violence leave on a pay slip

Jamie works in a warehouse for a large supermarket and takes one day of paid family and domestic violence leave. On that day, Jamie would have worked 7 ordinary hours, including 3 hours in a cool room that would attract a cold work allowance. Jamie’s employer issues them a pay slip that includes the 7 ordinary hours and 3 hours of the cold work allowance for that day, instead of recording that period as paid family and domestic violence leave. This means Jamie’s pay slip looks the same as it would have looked if Jamie hadn’t taken the leave at all.

Transitional arrangements

Until 4 June 2023, a period of paid family and domestic violence leave can be recorded on a pay slip as an amount paid for taking another type of leave (for example, other leave).

This grace period is intended to give employers time to update payroll systems to comply with the requirement to report paid family and domestic violence leave on pay slips as ordinary hours of work or another kind of payment for performing work.

To read more please visit https://www.fairwork.gov.au/newsroom/news/new-paid-family-and-domestic-violence-leave

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