25 January, 2023

Family Domestic Violence leave and payslip requirements

Blog | Industry News

This EMA Note serves as a reminder that, from 1 February 2023, the National Employment Standards will provide an entitlement to paid family and domestic violence leave. This Note also provides some brief information on some changes to rules surrounding payslips.

We set out the upcoming changes in some detail in our previous EMA Note. As a brief summary of the key points:

1. employees’ entitlements to family and domestic violence leave will increase from five days’ unpaid up to ten days’ paid
2. leave does not accrue progressively and does not accumulate from year to year—employees have a flat entitlement to ten days every year
3. for employers other than small businesses, the new entitlement will have effect from 1 February 2023
4. for small business employers, the new entitlement will have effect from 1 August 2023.

New Payslip Obligations

In addition to the above, the payslip requirements in the Fair Work Regulations 2009 (Cth) have been amended such that, from 1 February 2023, certain information in relation to family and domestic violence leave must not be included.[1] This change will require that, if an employee takes a period of paid family and domestic violence leave, the payslip must not include any statement that the amount paid or the leave taken is in relation to family and domestic violence, and the payslip must not show the employee’s family and domestic violence leave balance.

Other Amendments to the Regulations

There are some other variations that have been made to the Fair Work Regulations. One of the other more notable changes include payslip requirements for stapled superannuation. These changes provide that an employer does not need to include the name, or name and number, of a superannuation fund on a payslip required within 14 days of the employee’s first payment of wages:

(a) the employee has not chosen a fund for contributions; and

(b) the ATO has not yet notified the employer whether there is a stapled super fund (or the ATO has not yet notified the employer about the details of the stapled super fund).

What this Means for Employers

Employers should review their payslips, including any software that automatically generates payslips, to ensure it will be ready to comply with the new family and domestic violence leave requirements from 1 February 2023.

Require further information/assistance?

This EMA Note is not comprehensive advice about your situation and does not cover all your obligations. If you require further information or advice, please contact your Consultant.

[1] Fair Work Legislation Amendment Regulations 2022 (Cth) part 1 division 3.

EMA Consulting is not a law firm and therefore does not provide legal advice or services. The information contained within this document and associated material is general in nature and should not be relied upon. If you require specific advice on a particular matter, we recommend that you contact EMA Consulting on 08 8203 1700. Subject to the matter at hand, your EMAC Consultant may recommend that you obtain formal legal advice. If formal legal advice is required, upon your written instruction EMAC will brief your matter to a legal practitioner for this purpose. The contents of this document and associated materials do not represent legal advice.