‘A huge win’: HR experts welcome progress on paid domestic violence leave

From the age of 15, one in four women and one in 13 men in Australia have experienced at least one incident of violence by an intimate partner, and the Covid-19 pandemic has seen an increase in the prevalence of family and domestic violence.

“The pervasiveness of domestic violence means that nearly all organisations will have employees at some point, who are experiencing this,” Kirby said.

The provisional decision comes after a yearlong review and will affect more than 2.6 million people, including many people working in retail and hospitality. Currently, they have access to five days of unpaid leave under the national employment standards.

Good for employees and employers

Jessica Bilston-Gourley, founder and director of Positive HR, said paid leave has multiple benefits for people experiencing family or domestic violence, including giving them time to seek professional support to leave their situation, find emergency accommodation, attend appointments and focus on their health and recovery, rather than worrying about work, or being unproductive at work. 

“I personally experienced abuse from an ex-partner I lived with [and] was supported by EDVOS [a specialist family violence service in Melbourne] and Victoria Police to safely remove myself and my son from the environment, and what was our home,” Bilston-Gourley told Inside Retail. 

“If I was an employee during this time, and did not have access to paid leave, it would have added significant stress during a time of trauma. I consider myself fortunate that I was in a position of owning my company, being able to continue receiving a steady income as I obtained safety and commenced my journey of recovery.”

Beyond the benefits for employees, paid leave also contributes to a more inclusive workplace, making the reform good for business, too. 

“An inclusive workplace often leads to more productive and engaged employees, as well as higher employee retention, all of which are hugely important in a competitive talent market,” Kirby said.

“It signals to employees that the organisation values safety – both physical and psychological, which encourages employees to ask for or access what they need to feel safe.”

Benefits far outweigh the costs

One of the most common arguments against offering paid family and domestic violence leave is the cost to businesses. 

“There is some pushback from employers saying it will cost them to offer paid family and domestic violence leave,” Cathy Ngo, an HR and communications expert specialising in diversity, equality and inclusion, told Inside Retail. 

“Realistically, the cost impact will likely be very minimal. Employers are already paying for the price through absenteeism, lost productivity and engagement.” 

Bilston-Gourley said businesses should consider the cost of not supporting employees, which is likely to be far greater than the cost of 10 paid days. 

“Employees may resent their employer for any lack of support,” she said. “If they did not have access to the paid leave, and continued to attend work they would most likely be unproductive and stressed. This could also impact the broader workplace culture.” 

She recommended that businesses take the new entitlement into account when reviewing wage budgets and remuneration packages, and that teams work together to reallocate tasks if a colleague needs to take leave. 

Sally Woodward, a partner in industrial relations and employment law at PwC Australia, reminded businesses that it’s simply the right thing to do.

“Ultimately, the benefit is provided to protect employees who are at an incredibly vulnerable stage in their lives. The personal impact of providing support to those employees at that time cannot be underestimated,” she told Inside Retail.

More action needed

While the reform is a step in the right direction, some HR experts wish it went further. 

Ngo pointed out that the Fair Work Commission’s decision doesn’t apply to casual workers, who already face a high degree of job insecurity.  

“When we add in family and domestic violence, it is even more stressful,” she said. And since most casual workers are female, she called it “a double whammy for women”.

It also leaves out millions of Australian workers who are not covered by an award, though a growing number of companies, such as Adore Beauty, Ikea and Aldi, have introduced paid family and domestic violence leave for all employees.

“It is a huge win, but we must continue to advocate for entitlement access for all,” Bilston-Gourley said.  

“As someone who has fled abuse, I hope to see in the very near future all employees have access to the entitlement through the national employment standards.”