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
The new paid leave entitlement applies to all national system employees, including:
This includes employees covered by awards, enterprise agreements, or registered contracts.
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:
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.
As an employer, you must:
In addition, you should ensure that your HR and payroll software is updated to comply with the legislation.
Microkeeper’s platform makes it easier to manage this sensitive entitlement while remaining compliant. Key features include:
️See how Microkeeper supports modern HR compliance
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.
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.