Leave changes under the Fair Work Act 2009 (Cth)

Now is the time for employers to review and update their leave policies with changes to the Fair Work Act 2009 (Cth) (FW Act) for paid family and domestic violence leave and unpaid parental coming into effect.

Family and Domestic Violence Leave From 1 August 2023, employees of small business can now access 10 days of paid family and domestic leave in a 12-month period. In summary, the entitlement:

• can be accessed by full-time, part-time and casual employees;

• is not pro-rated for part-time or casual employees;

• all 10 days are available upfront;

• the leave does not accumulate; and

• employers must not include certain information payslips about employees taking paid family and domestic violence leave.

Paid family and domestic violence leave entitlements have been available since 1 February 2023 for employees of non-small business employers.

Parental Leave

Changes to unpaid parental leave have been made under the FW Act which came into effect on 1 July 2023, including changes to flexible unpaid parental leave and concurrent leave.

There have also been changes to the Federal Government’s paid parental leave scheme as of 1 July 2023, with the main change being that up to 20 weeks’ paid parental leave can now be accessed. There are also other changes, including changes to the family income limit, expanding eligibility rules for partners and removing the return to work requirement.