This week saw the release of the Independent Statutory Review of the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022.
WWQ supports thousands of Queensland women each year, a large portion experiencing FDV at the same time as navigating workplace issues.
We celebrated the introduction of paid FDV leave to the National Employment Standards for all workers. Women should not have to choose between safety and their employment.
While welcome, there are real barriers to women accessing the entitlement. Hearing from women navigating such barriers everyday, we were well placed to participate in the recent review process, providing a written submission and participating in research interviews.
Some changes we advocated for:
Better protection for workers
We shared Tracy’s story (*not her real name):
Tracy’ is an Aboriginal woman who experienced significant stress and risk when her employer handled her paid FDV leave poorly.
Tracy works in a primary school in regional Queensland. The leave was requested through her manager and was approved and recorded as special leave specifically to minimise the amount of people in her organisation who knew about the FDV and to ensure discretion on her payslip.
Later the same day Tracy noticed a manilla folder on her desk, which she shared with a colleague in an open staffroom accessible to anyone in the school. It contained a printed copy of email correspondence between her manager and payroll, with all details of the FDV leave request, hours of work and payment. These emails containing confidential details were sent to HR, as well as payroll, and included the FDV leave type instead of special leave.
The HR person was known to Tracy and her violent partner, who had made serious threats to her, ‘if anyone finds out I will kill you’.
Unfortunately, Tracy’s experience is not uncommon. FDV leave must be managed with sensitivity and discretion, to protect the privacy and safety of workers.
We are pleased to see the review strongly reflects our call for greater awareness and confidentiality protections for workers accessing paid FDV leave.
More education and training for employers
In our submission, we advocated for a national education campaign to increase awareness among employees. While the report fell short of mandating training, we were pleased to see the final report underscoring the need enhanced employer education and for employers to take proactive steps to support employees.
The report echoes our concerns about the unique challenges faced by casual workers and the importance of proper employer training to support casual workers.
Increasing the entitlement
We called for the entitlement in the NES to be increased to 20 days.
An increase would reflect the real costs and time involved in leaving violent relationships. Our push for extended leave was based on the understanding that 10 days may not be sufficient for many women experiencing FDV.
While the review retained the 10-day leave entitlement, it recommended ongoing evaluation.
WWQ is looking forward to continued advocacy to ensure that FDV leave is accessible, effective, and supportive for those who need it most. Improving accessibility of FDV leave entitlements will move us closer to a more equitable and safe environment for workers experiencing domestic violence.