26 September 2023

APS family leave to be kept confidential

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The Australian Public Service Commission (APSC) has issued a Circular informing Agencies of changes in the way paid family and domestic violence leave are to be recorded on payslips.

In Circular 2023/2 Update to Family and Domestic Violence leave reporting requirements under the Fair Work Regulations 2009, APSC said Agencies must ensure that the recording of leave provided to employees for family and domestic violence reasons meets new legislative requirements from 4 June.

“It is essential that any method of employee record keeping, for leave or other support related to family and domestic violence, does not put employees at risk of harm or violation of privacy,” APSC said.

“The record of the employee’s absence (in any form) must be held in strict confidentiality and available only on a need-to-know basis,” it said.

“As a model employer, it is the Government’s expectation that Commonwealth Agencies provide paid leave, and other supports, to employees experiencing family and domestic violence in excess of the minimum in the National Employment Standard (NES) of 10 days.

“Generally, this is facilitated through miscellaneous or discretionary leave.”

APSC said Agencies must ensure leave types used to record paid absences – whether through a payroll system or individual case management – were not identifiable as for family and domestic violence reasons.

It said the correct rate of pay must be applied when this type of leave was provided.

“Payslips do not report any leave taken for family and domestic violence leave reasons,” the Commission said.

“Agencies must make arrangements that allow casual staff (where applicable) to access paid absences for family and domestic violence purposes.”

APSC said it was currently reviewing its family and domestic violence policy framework template, with the revised template expected to be available soon.

The Commission’s Circular 2023/2 can be accessed at this PS News link.

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