A Queensland-based law firm director has defended comments he made about the impact of new domestic violence leave laws on small business owners.
Under the federal legislation, about 11 million employees, including casuals, are entitled to 10 days' paid leave to escape and address domestic and family violence situations.
Lawyer Guy Sara took to LinkedIn to criticise the law, which came into effect on Wednesday for medium to large businesses, and will apply to small businesses with fewer than 15 staff from August 1.
On social media, Mr Sara called the move a "load of sh**".
Mr Sara told the ABC while he regretted using profanities to describe the legislation, he stood by his comments.
"I get what the government is trying to do from the point of view of big businesses and government, employers and so forth they can afford this — we [small business owners] can't," he said.
Mr Sara said the new law could also impact recruitment decisions for small businesses.
"They'll stop hiring people with domestic violence issues or … surreptitiously let people go with domestic violence issues," he said.
"I mean, at the end of the day, I might be a lawyer, but I'm trying to make money."
The Toowoomba-based law firm director stressed he did not condone domestic violence but disagreed with the legislation.
"I'm not allowed to ask them [employees] about their personal lives — which I don't — but what, I'm meant to pay for it?" he said.
"Do I have to pry into what was the domestic violence — and ask if you were beaten?
"But if it's the law … I'll give them the 10 days off, I won't be giving them an 11th."
Mr Sara said his comments were not victim blaming.
"From my point of view, and it's still a democracy, as far as I'm aware having done multiple divorces, if you don't like your relationship, get out of it," he said.
"Well, don't get into it in the first place, there's plenty of tell-tale signs."
'Victim blaming'
The Minister for Social Services, Amanda Rishworth, said family and domestic violence (FDV) was not isolated to the home but had "a huge interface with work".
"One woman dies every 10 days in Australia at the hands of their former or current partner – these women are often employed and are in our workplaces," Ms Rishworth said.
According to White Ribbon Australia, 60 per cent of women experiencing FDV by a current partner are employed.
CEO Melissa Perry said FDV cost the Australian economy $13.6 billion.
"Family and domestic violence is particularly complex and manifests in many different ways, so there is no place for victim blaming when it comes to providing support for those impacted," Ms Perry said.
"Yes, the cost to businesses might be seen as an added burden, but what price do you put on the suffering of women and children living with abusive, controlling partners?"
Ms Perry said the benefits of supporting an employee experiencing FDV included reduced sick leave, improved mental health and wellbeing, and a more productive workplace.
A burden but time to prepare
Small businesses will have access to $3.4 million from the federal government over four years to support their compliance with the scheme.
Matthew Addison, the director of Council of Small Business Organisations Australia, said concerns about small businesses funding the leave were valid.
"It's actually quite a financial burden on the small business," he said.
"The current economic times that we're in are tough for small business so right now, their margins are less than what they have been in the past."
Mr Addison said the best way small businesses could prepare over the next six months was to ensure payroll and record-keeping systems were effective and be educated about the changes.
The legislation will be reviewed in 12 months.
"Once it's been in place for a period of time there will be a review though and we would hope that if it has had a financial impact on businesses, things would change," Mr Addison said.
'Small price to pay'
Adair Donaldson, the director of a law firm that specialises in abuse law and an advocate for domestic violence victims, said the legislation was a small price to pay for reform.
"As a small business employer, I know that invariably, we are going to be the ones that will be carrying the burden but … I know that the support that we can provide to our employees, if they are going through … issues involving domestic violence and abuse, it's a small price for us to pay," he said.
"If we support our employees in their time of need, they will then continue to support us to make our business profitable.
"When we go back to domestic violence, it's about power and control and the one thing a person experiencing domestic violence will have comfort in, is that they're still going to have support from their employer."
Mr Donaldson said the Business Council of Australia, federal opposition and the government had been supporting small businesses to navigate the implementation of the laws.
"It's not something that has happened overnight … and if that comes as a shock, it shouldn't," he said.
Editor's note 2/2/2023: This story has been amended to correct the amount family and domestic violence costs the Australian economy.
