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In light of the new paid FDV leave entitlement in the National Employment Standards, employers' policies should "very clearly" spell out exactly how employees can go about accessing it, a lawyer says.

The change, enacted last year, replaces the existing five days of unpaid FDV leave in the NES with 10 days of paid leave and – with the exception of small businesses, which have an extra six months to prepare – applies to all workplaces from 1 February 2023.

Aitken Legal special counsel and accredited specialist in workplace relations Hamish Procter recommends updating employment contracts and policies to reflect the change, partly because confidentiality and privacy requirements in the new entitlement are so important...