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Paid family and domestic violence leave - Australia

Payslip guidance and STP reporting update From 4 February 2023, amounts paid for FDVL have to be recorded on payslips as ordinary hours of work, or another kind of payment for performing work, and the STP reporting category must match this. Employees can also request it be recorded as another type of leave. For full details, see Fair Work Ombudsman – Paid Family and Domestic Violence Leave on Pay Slips.

The Australian Government has introduced paid family and domestic violence leave (FDVL) for all employees. This will take effect for employers with

  • 15 or more employees on 1 February 2023, and
  • less than 15 employees on 1 August 2023.

We've compiled some information about the key changes impacting employers and employees, and are also seeking guidance from the relevant authorities about some issues that we think need to be clarified further.

Key changes

The key changes impacting employers and employees in Australia are:

  • Entitlement changes from 5 days unpaid to 10 days paid.

  • New employees that commence on/after the effective legislation date get 10 days from 1st day of employment – they do not have wait for 12 months anymore.

  • Existing employees on the effective legislation date, will have their existing balances reset to 10 days. When their next employment anniversary falls, the balances are required to be reset again to 10 days. 

    This does mean some employees could legitimately access to more than 10 days paid within the first 12 months of the effective legislation date.

  • Leave can be taken in any quantity either continuously or not, for example 1 hour here and there or 10 days in one block or any combo in between.

  • FDVL supersedes other leave.

    • If employee is on Annual or Sick leave and they need to take FDVL, then the FDVL would replace the other leave.

    • There will be no difference to an employee getting sick whilst on annual leave. This means existing leave requests would need to be replaced/modified. “Other leave payments” may need to be reversed so that the other leave balances and liabilities get credited back what was replaced by FDVL.

  • Casual employees can take FDVL outside their rostered hours of work. But the employer is only required to pay FDVL for the days/hours they were rostered. This does not stop the employer from paying generously although they are not required to.

  • Pay slips must not mention paid family and domestic violence leave, including any leave taken and leave balances.

    • From 4 February 2023, an amount paid to an employee for taking paid family and domestic violence leave has to be recorded on a pay slip as ordinary hours of work, or another kind of payment for performing work, such as an allowance, bonus or overtime payment.
    • However, if an employee requests it, their employer can record time taken as paid family and domestic violence leave as another type of leave on their pay slip (for example, annual leave).

    • It is best practice for their employer to record this on their pay slip in a way that makes the pay slip look as close as possible to how it would have looked if the employee had not taken the leave.
  • STP reporting of FDVL amounts should match that of the payment type shown on the employee's payslip. This may be any of the following:
    • Gross, if shown as an employee’s ordinary hours of work
    • A payment made in relation to the performance of the employee’s work, including (but not limited to) an allowance, bonus or a payment of overtime
    • Other Paid Leave, where requested by the employee (or, before 4 June 2023, where an employer is making use of the grace period contained in the regulations), an amount paid for taking a period of another type of leave (other than a period of paid family and domestic violence leave).
Key issues

We are still waiting for guidance from Fair Work Australia on the following issues:

  • Clarification on how an employer can validate an employee received their full rate of pay. For example, should it just be the planned work hours that get replaced in payroll or should all pay items be replaced with FDVL using a consolidated rate.

    Until we receive guidance from Fair Work/DSPANZ, employers should seek independent legal/financial advice on how FDVL should be represented within the payroll system.
  • How 'part-day' leave is to be calculated, especially if the employee is also entitled to incentive-based payments such as bonuses, loadings, monetary allowances, overtime or penalty rates and any other separately identifiable amounts.

Setting up paid FDVL in MYOB Advanced Payroll

Setting up FDVL in MYOB Advanced Payroll involves updating your entitlement and pay items for these changes, adding a balance from the first day of employment and stopping the balance carrying over year to year. We've included the relevant settings below, others will be determined by your individual business needs.

Guidance is pending ATO clarification It is unclear how the ATO expects the full payment for days taken under FDVL to be accounted for. These processes assume the base rate (processed under FDVL taken) can be itemised separately from incentive-based payments such as bonuses, loadings, monetary allowances, overtime etc.

We will update this page as the ATO clarifies their expectations. We recommend you seek independent financial or legal advice if you are unsure.
Setting up an FDVL entitlement

We recommend creating the FDVL entitlement using the unit Days. We have also included settings to set it up in Hours, for sites using Advanced Workforce Management who would like their employees to be able to submit leave requests for FDVL.

To set up an FDVL entitlement

  1. Go to the Entitlements form and click the Add New Record icon () on the form toolbar.
  2. On the Rules tab, complete the fields:

    FieldValue (using Days)Value (using Hours)
    Trigger DateEmployee Start DateEmployee Start Date
    At Period EndClear balanceClear balance 
    Time period after trigger date00

    Period Duration and Period

    1 Year or 12 Months

    1 Year or 12 Months
    Entitlement Unit10

    The number of hours constituting 10 working days.

    You may need several entitlements, covering different employee groups.

    Lump SumYesYes
    Non Accruing EntitlementNoNo
    Include Entitlements Movement SummaryNoNo
    Include AccrualsNoNo
  3. On the Valuation tab, complete the fields:

    FieldValue (using Days)Value (using Hours)
    Valuation MethodSpecific Pay RateStandard Hourly Rate
    Rate2 Daily Rate, or another rate dedicated for FDVL.


  4. On the form toolbar, click the Save icon ().


Setting up FDVL pay items

Accrual pay item

Accrual MethodFull Contract Accrual


Link it to your FDVL entitlement.

Payment pay item

Multiple pay items may be required  If you need to pay FDVL for multiple employees in the same pay with different payslip labels, you will need a separate payment pay item for each to allow for different labels and (potentially) ATO categories. Otherwise, you can maintain a single pay item and update the label and ATO category as required.

TypeEntitlement Payment


Link it to your FDVL entitlement.

Show On PayslipYes
Payslip label

To protect the employee requesting leave, the payslip label should follow the Fair Work Ombudsman guidance on FDVL on payslips.

ATO category (on the Pay Item Liabilities screen)Select the ATO reporting category that corresponds to the payslip label.
Adding opening balances for FDVL

The eligibility dates for FDVL are 1 February for employers with 15 or more employees, and 1 August for those with less than 15. On those dates, all existing employees will be entitled to the initial 10 day FDVL balance, and new employees will get it when they start.

  1. Add the accrual pay item to all relevant standard pays.
  2. Use the Entitlement Adjustment form (MPPP3000) to add an opening balance of 10 days to employees as they become eligible:
    • For the Type, select Opening Balance.
    • Enter the date the employee becomes eligible as the Transaction date
    • Add a balance adjustment for 10 days (or the corresponding number of hours)



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