Family and domestic violence leave

What Is Family and Domestic Violence Leave?

Family and domestic violence leave is a workplace entitlement under Australia’s National Employment Standards (NES) that allows eligible employees to take time off work to deal with the impact of family or domestic violence. This leave can be used to make arrangements for safety, attend legal proceedings, access support services, or manage other urgent matters related to violence or abuse.

As of 1 February 2023, significant changes were introduced to strengthen this entitlement. All employees—full-time, part-time, and casual—now have access to 10 days of paid family and domestic violence leave each year, replacing the previous 5-day unpaid entitlement.

Fair Work – Paid Family and Domestic Violence Leave

Who Is Covered by This Entitlement?

The new paid leave entitlement applies to all national system employees, including:

• Full-time employees
• Part-time employees
• Casual employees

This includes employees covered by awards, enterprise agreements, or registered contracts.

Key Features of Paid Family and Domestic Violence Leave

• Amount of Leave: 10 days of paid leave per 12-month period (not pro-rated for part-time or casual staff)
• Type of Leave: Available from day one of employment and resets every 12 months, not accruing like annual or personal leave
• Payment: Paid at the employee’s full rate of pay for the hours they would have worked, including loadings, penalties, and overtime
• Confidentiality: Employers must take reasonable steps to ensure that information related to family and domestic violence leave is kept private

What Situations Does It Cover?

This leave can be used by an employee to deal with the impact of family or domestic violence if the employee needs to do something to deal with it and it's not practical to do it outside of work hours. Common uses include:

• Arranging for the safety of themselves or a family member
• Attending court hearings or legal appointments
• Accessing police or support services
• Relocating homes
• Attending counselling or medical appointments

The definition of family or domestic violence includes abusive, threatening, or coercive behaviour by a close relative, current or former intimate partner, or member of the employee’s household.

Employer Responsibilities

As an employer, you must:

• Allow access to the full 10 days from day one of employment
• Pay employees at their full rate of pay for the hours they would’ve worked
• Keep any requests or records related to domestic violence leave confidential
• Avoid listing this leave type on payslips—you can simply list it as ordinary time or paid leave to protect the employee’s privacy

In addition, you should ensure that your HR and payroll software is updated to comply with the legislation.

How Microkeeper Supports Compliance

Microkeeper’s platform makes it easier to manage this sensitive entitlement while remaining compliant. Key features include:

• Custom leave types: Accurately track family and domestic violence leave without naming it explicitly on payslips
• Confidential leave tracking: Set visibility permissions for who can view leave requests
• Automated award interpretation: Ensures correct pay calculations for paid leave entitlements
• STP-compliant payroll reports: Ensure that leave is recorded correctly for reporting without compromising privacy

️See how Microkeeper supports modern HR compliance

Best Practices for Employers

• Educate your team: Ensure managers and payroll staff understand the new entitlement and how to process it confidentially.
• Review your policies: Update your employee handbook, leave policies, and contracts if necessary.
• Use discretion: Ensure conversations and systems protect the privacy and safety of any employee using this leave.
• Offer support: Provide access to Employee Assistance Programs (EAPs) or external support services.

External Support Resources

• 1800RESPECT – National Sexual Assault, Domestic and Family Violence Counselling Service: 1800respect.org.au
• Lifeline – Crisis Support: 13 11 14
• Beyond Blue – Mental Health Support: beyondblue.org.au

FAQs About Family and Domestic Violence Leave

Is the leave accrued like annual leave?

‍No. It renews every 12 months but doesn’t accrue progressively.

Do casual employees receive paid leave?

‍Yes. They are paid based on their rostered hours had they worked on the day of leave.

Can an employer request evidence?

‍Yes, employers can request evidence such as a police report or statutory declaration, but they must keep this confidential and use discretion.

Can the leave be used intermittently?

‍Yes. It can be taken in part-days, single days, or multiple days depending on the employee's needs.

Final Thoughts

Family and domestic violence leave is a critical workplace entitlement that supports safety, dignity, and flexibility for affected employees. As of 2023, Australian employers have a legal and ethical responsibility to offer 10 days of paid leave with full confidentiality and accurate processing.

With the right tools, like Microkeeper’s integrated HR and payroll software, you can ensure your systems are compliant and compassionate, helping employees when they need it most.

_{Disclaimer: This glossary entry is for informational purposes only and does not constitute legal advice. For official guidance, refer to the Fair Work Ombudsman or consult a legal professional.}