As the implementation of new obligations regarding family and domestic violence leave approaches, there have been concerns raised about how this type of leave should be recorded on employees’ payslips. One concern is that recording this leave on a pay slip may pose a risk to victims if the perpetrator of violence gains access to the employee’s pay slips and sees that such leave has been taken.
To address these concerns, the Government has announced amendments to the Fair Work Regulations 2009 through the Fair Work Legislation Amendment Regulations 2022. These amendments will prohibit employers from including information concerning family and domestic violence leave on employees’ pay slips. Additionally, the Regulations will remove any ambiguity for employers regarding how to record this leave on payslips.
Specifically, the Regulations state that the following must not be included on payslips:
- A statement that an amount paid to an employee is a payment in respect of the employee’s entitlement to paid family and domestic violence leave
- A statement that a period of leave taken by the employee has been taken as a period of paid family and domestic violence leave
- The balance of an employee’s entitlement to paid family and domestic violence leave
A note included in the Regulations suggests alternative ways to record the leave on payslips, such as stating that the amount is paid as special leave, miscellaneous leave, or leave-other. These amendments will provide clarity and protection for employees affected by family and domestic violence.
