Fair Work Grants 10 Days’ Paid Domestic Violence Leave In New Decision

Australia has taken an important step to support workers experiencing family and domestic violence. A new Fair Work decision provides 10 days’ paid family and domestic violence (FDV) leave for employees, creating clear obligations for employers across the country.

If you run a business, this change affects your payroll, policies, training, and day‑to‑day HR processes. The good news? With a few practical updates, you can comply confidently while supporting your team’s safety and wellbeing.

In this guide, we explain what the new entitlement involves, who it covers, how evidence works, and the simple steps you can take to implement it in your workplace.

What Has Fair Work Changed?

The National Employment Standards (NES) now include a paid entitlement to family and domestic violence leave. Previously, the NES provided five days of unpaid FDV leave. Under the change, eligible employees receive 10 days of paid FDV leave each year.

Key points at a glance:

• Full-time, part-time and casual employees receive 10 days’ paid FDV leave each 12‑month period.
• The leave is available upfront (not accrued progressively) and resets on the employee’s work anniversary (it does not accumulate year to year).
• Employees must be paid at their full pay rate for the hours they would have worked while on leave, including loadings, allowances and penalties where applicable.
• Strict confidentiality rules apply to how you record and communicate FDV leave.

Small business employers were given a later start date when the reform first rolled out. Now, all employers should treat this entitlement as a standard part of the NES and ensure their systems are up to date. If you’re updating contracts at the same time, make sure any Employment Contract aligns with the NES and does not undercut these minimums.

Who Is Eligible And How Does The Leave Work?

Family and domestic violence means violent, threatening or other abusive behaviour by a close relative, current or former intimate partner, or member of the employee’s household, that seeks to coerce or control the employee and causes them harm or fear. The leave is for situations where the employee needs to do something to deal with the impact of FDV and it’s impractical to do so outside working hours (for example, attending court, arranging safe housing, meeting with police or lawyers, or medical appointments).

Which Employees Are Covered?

• Full-time employees: 10 days paid per year, available upfront on their anniversary date.
• Part-time employees: 10 days paid per year (not pro‑rated), available upfront.
• Casual employees: 10 days paid per year, paid at their full pay rate for hours rostered (or reasonably expected) during the leave period.

How Is The Leave Paid?

Employees are paid their full pay rate for the hours they would have worked while on leave. This includes incentive-based payments, bonuses, allowances, overtime, penalties and loadings that would have applied. For casuals, it includes the casual loading.

Does The Leave Accrue Or Carry Over?

No. The full 10 days are available at the start of each year of employment and reset on the work anniversary. Unused leave doesn’t carry over to the next year.

How Do Notice And Evidence Work?

• Notice: Employees should let you know as soon as possible that they are taking FDV leave and the expected length of leave, even if that’s after they have started the leave due to urgency.
• Evidence: You can ask for evidence that would satisfy a reasonable person the leave is for FDV-more on this below.

It’s important your internal processes reflect a trauma‑informed approach. Clear, respectful procedures and trained managers will help staff feel safe to disclose and request support.

What Should Employers Do Now?

To comply with the NES and support your people, we recommend a practical, step‑by‑step rollout.

1) Update Contracts And Policies

Ensure your Employment Contract templates and leave clauses are consistent with the NES. Avoid any wording that limits an employee’s ability to access paid FDV leave or creates extra hurdles not allowed by law.

Introduce or update a Family and Domestic Violence Leave policy and include it in your Staff Handbook. The policy should explain eligibility, how to request leave, evidence requirements, confidentiality, contact points, and links to support services.

If you don’t have one already, a broader Workplace Policy suite is a good way to document acceptable conduct, leave processes and escalation pathways in one place.

2) Configure Payroll And Payslips

• Set up a distinct paid FDV leave category in your payroll system to apply correct pay rates (including loadings, penalties and allowances).
• On payslips, do not label the leave as “domestic violence leave.” Use generic terms like “special leave” to maintain confidentiality. Your payroll records can securely note the category for compliance purposes.

3) Train Managers And HR

Frontline managers should know how to handle disclosures sensitively, how to approve leave quickly, what “reasonable evidence” means, and the confidentiality requirements.

Given the potential mental health impacts, refresh your team’s understanding of your safety and wellbeing obligations. Our overview of Fair Work obligations regarding employee mental health is a useful companion to this rollout.

4) Strengthen Confidentiality And Record-Keeping

Only store information that is necessary to process the leave and keep it secure and restricted. If you collect any personal information in the process, ensure your Privacy Policy reflects how you handle sensitive information and access controls in practice.

5) Communicate Clearly With Your Team

Announce the change, point staff to the policy, and explain the simple steps to request leave. Make sure employees know they can talk to HR or a designated contact confidentially.

What Can You Ask For As Evidence?

You can request evidence that would satisfy a reasonable person that the employee is taking the leave to deal with FDV. This could be a document issued by:

• Police, a court or a support service,
• A medical practitioner or psychologist, or
• A statutory declaration from the employee.

Keep your requests proportionate. If the risk is immediate and time is short, approval should not be held up while an employee gathers documents. It’s also best practice to accept a broad range of evidence and to avoid demanding highly sensitive details.

Handle all evidence securely and limit access to those who need to know. If you have questions about when you can seek documentation for absences generally, this guide to when employers can ask for medical certificates outlines the principles around “reasonable” evidence in an employment context.

How Do Payslip And Record Rules Protect Confidentiality?

Employers must not include details on payslips that could identify the leave as FDV leave. Internally, ensure your HRIS or payroll notes are not accessible to people who don’t need to see them. Where possible, store supporting documents separately with limited permissions and retention schedules.

How Does This Interact With Other Workplace Laws And Obligations?

Paid FDV leave sits alongside your broader legal duties under Australian workplace laws. A coordinated approach keeps you compliant and supports your people effectively.

General Protections And Adverse Action

Employees are protected from adverse action (for example, dismissal or detriment) because they exercise a workplace right such as taking FDV leave. Treat requests and approvals consistently and document decisions.

Work Health And Safety (WHS)

WHS obligations require you to provide a safe workplace, which can include risk assessments and safety planning where FDV presents a risk at work. Consider practical measures like changing work location, adjusting contact information on public websites, screening calls or modifying start/finish times.

Flexible Work And Other Leave

Some employees may also be eligible to request flexible working arrangements or use other leave entitlements for related needs. Your policies should explain the options and how they interact, so employees can choose what suits them best.

Mental Health And Support

Experiencing FDV can have significant mental health impacts. Ensure managers understand reasonable adjustments and that your processes reflect compassion and privacy. If your policies cover wellness or EAP referrals, make sure they are easy to find. Our overview of mental health obligations is a helpful reference when training managers.

Templates And Documents To Put In Place

A few core documents will help you manage FDV leave consistently and lawfully.

• Employment Contract: Sets clear terms of employment and confirms that NES entitlements, including paid FDV leave, apply.
• Workplace Policy: A tailored FDV leave policy that covers eligibility, evidence, confidentiality, payroll handling and points of contact.
• Staff Handbook: Centralises your leave policies, safety procedures, flexible work process and manager guidance in one source of truth.
• Privacy Policy: Explains how personal and sensitive information collected during leave processes is used, stored and protected.

If you need help tailoring or rolling out these documents, our employment lawyers can draft and implement a practical, trauma‑informed framework that fits your team size, award coverage and systems.

Practical Tips For A Smooth Rollout

• Keep the process simple: a single private email address or secure HR portal for requests reduces friction and protects privacy.
• Nominate trained contacts: make it clear who employees can approach (HR, a senior leader, or a designated FDV contact).
• Audit your systems: test payslip outputs and user permissions so confidentiality isn’t compromised.
• Communicate with care: introduce the policy with empathetic language and highlight external support services.
• Review annually: check that your policy, training and systems still reflect best practice and legislative updates.

Key Takeaways

• All employees, including casuals, now have 10 days of paid family and domestic violence leave under the NES, available upfront each year.
• Pay FDV leave at the employee’s full pay rate for the hours they would have worked, and keep payslip wording generic to protect confidentiality.
• You can request reasonable evidence, but keep requirements proportionate and handle all information securely and sensitively.
• Update your Employment Contract templates, introduce a clear FDV leave Workplace Policy, and include it in your Staff Handbook.
• Train managers on trauma‑informed responses, confidentiality, and related duties across WHS, general protections and mental health obligations.
• Align your handling of personal information with a current Privacy Policy and tight access controls.

If you’d like a consultation on implementing paid family and domestic violence leave in your workplace, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.