Understanding Family And Domestic Violence Leave Obligations For Employers

Taking care of your team isn’t just about paying wages - it’s also about supporting people through life’s toughest moments. When an employee is experiencing family and domestic violence, work can be both a refuge and a source of stress. As an Australian employer, it’s important to know exactly what the law requires and how to respond safely, respectfully and lawfully.

Since 2023, paid family and domestic violence (FDV) leave has been part of the National Employment Standards (NES). If you employ staff in the private sector in Australia, there’s a very good chance these rules apply to you. In this guide, we’ll explain what FDV leave covers, how entitlements work, your obligations around confidentiality and record-keeping, and the practical steps to put a compliant policy in place.

The aim is simple: help you build a safe, supportive and legally compliant workplace.

What Is Paid Family And Domestic Violence Leave?

Paid FDV leave lets an employee step away from work to deal with violent, threatening or other abusive behaviour by a close relative, current or former partner, or a member of their household. The behaviour must be intended to coerce or control the person, or cause them harm or fear.

Employees can take this leave to do things like:

• Arrange safety measures for themselves or a family member
• Attend medical, legal or financial appointments
• Seek counselling or support services
• Relocate, attend court, or deal with police

FDV leave sits alongside other entitlements (like annual and personal/carer’s leave). It’s designed to be available quickly, with clear privacy protections, so people can focus on their safety.

Who Is Covered And How Much Leave Do Employees Get?

Paid FDV leave is part of the National Employment Standards. That means it applies to most employees in the national workplace relations system - including full-time, part-time and casual employees in the private sector. Some state public sector or local government employees may be covered by different rules, but most small and medium businesses will need to comply.

The current entitlement is:

• 10 days of paid FDV leave for every 12-month period of employment
• Available up-front (it does not accrue progressively)
• Renews on the employee’s work anniversary each year
• Does not carry over if unused

Start dates for the paid entitlement were:

• From 1 February 2023 for employers with 15 or more employees
• From 1 August 2023 for small business employers (fewer than 15 employees)

These changes were introduced via amendments to the Fair Work Act 2009 (Cth). The amendments require most private sector employers to provide paid FDV leave at an employee’s full rate of pay.

How FDV Leave Works In Practice (Requests, Payment, Confidentiality)

Notifying You About FDV Leave

An employee must let you know they’re taking FDV leave as soon as it’s practicable to do so (which may be after leave has started), and advise how long they expect to be away. They don’t need to share the details - only enough for you to understand that the leave is FDV leave under the NES.

How Leave Can Be Taken

• FDV leave can be taken as a single block or in part-days, as needed.
• Employees can choose FDV leave instead of other types of leave (for example, they don’t have to use annual leave first).
• Casual employees can take FDV leave for shifts they were otherwise rostered to work.

Payment At Full Rate Of Pay

FDV leave must be paid at the employee’s full rate of pay for the hours they would have worked. This includes separately identifiable amounts such as loadings, monetary allowances, overtime and penalty rates, and other amounts that would have been payable for those hours. For casuals, you pay the full rate for the rostered shift(s).

Confidentiality Duties (Including Payslips)

Confidentiality is critical. You must not include information on a payslip that would identify an amount as FDV leave or suggest that leave was taken for this reason. Internally, you still need to keep accurate records - but only people with a genuine need to know should have access.

Many employers record the absence internally as FDV leave but configure payroll so the payslip shows ordinary pay or another neutral description that doesn’t disclose the nature of the leave. The goal is to protect the employee’s safety and privacy.

Evidence You Can Request

You can ask for evidence if it’s reasonable in the circumstances - and only to the extent needed to satisfy you that the employee is entitled to take FDV leave. Depending on the situation, reasonable evidence might include a police report, a court-issued document (such as a protection order), a letter from a medical practitioner or support service, or a statutory declaration.

Requests for evidence should be made sensitively, stored securely, and handled on a strictly need-to-know basis.

Implementing FDV Leave In Your Workplace

Meeting the legal standard is essential. But a strong approach to FDV leave also supports wellbeing and trust across your team. Here’s a practical framework to help you implement FDV leave confidently.

1) Update Your Policies And Induction Materials

• Document the entitlement, how to request leave, who employees can speak to, and how confidentiality is protected in a clear Workplace Policy.
• Make sure your Staff Handbook reflects the NES rules and references support services (for example, 1800RESPECT).
• If you have enterprise or other agreements, check they align with the current NES.

2) Align Employment Contracts And HR Processes

• Ensure each Employment Contract works alongside your policies and doesn’t conflict with the NES.
• Set out a simple process for employees to notify you and provide reasonable evidence, when required.
• Nominate a small number of trained contacts to receive and manage FDV leave requests.

3) Train Managers And Protect Privacy

• Train managers on the rules, privacy obligations and how to respond compassionately.
• Limit access to FDV leave information to those who genuinely need it.
• Adopt a strong Privacy Policy and internal privacy practices for handling sensitive employee information.

4) Configure Payroll And Record-Keeping

• Keep internal records accurate, but configure payslips so they do not disclose FDV leave.
• Use neutral descriptions on payslips and secure storage for any supporting documents.

5) Support Safety And Wellbeing

• Provide information about support services and EAPs, and consider flexible work arrangements where safe and reasonable.
• Recognise that managing psychosocial risks is part of your broader duty to ensure health and safety. For more on this, see our guide to an employer’s duty of care.

What Policies And Documents Should You Update?

Strong, tailored documents make it easier to comply and respond consistently. As a starting point, review and update the following.

• FDV Leave Policy (within your Workplace Policies): Sets out the entitlement, who employees can speak to, how to request leave, and how evidence and confidentiality are handled. If you don’t have one, include it in a comprehensive Workplace Policy.
• Employment Contracts: Ensure each Employment Contract supports your policies and the NES, without narrowing legal rights.
• Staff Handbook: Consolidates key information for employees, including leave entitlements, contacts and support. If you’re building or updating one, our Staff Handbook materials can help you structure it clearly.
• Privacy And Confidentiality Settings: Back up your approach with a clear Privacy Policy and internal privacy procedures for handling sensitive records.
• Manager Guidance: Short checklists or scripts for HR/managers so they can respond calmly, protect confidentiality and collect reasonable evidence only when needed.

Depending on your industry and size, you may also want to align your FDV leave processes with broader wellbeing initiatives, psychosocial risk management and other safety procedures. If you’re unsure what to prioritise, a quick chat with our employment law specialists can help you map the essentials for your team.

Key Takeaways

• Most private sector employers in Australia must provide 10 days of paid FDV leave under the NES to full-time, part-time and casual staff.
• The entitlement is available up-front, renews on the employee’s work anniversary, and does not carry over if unused.
• FDV leave must be paid at the employee’s full rate of pay for the hours they would have worked, including loadings, allowances, overtime and penalties.
• Confidentiality is essential: do not disclose FDV leave on payslips and restrict access to sensitive information on a need-to-know basis.
• You can request reasonable evidence, handled sensitively and stored securely, for example a support letter or a statutory declaration.
• Put the right foundations in place with a clear FDV leave policy, aligned Employment Contracts, a supportive Staff Handbook, and a practical Privacy Policy.

If you’d like a consultation on setting up or updating your family and domestic violence leave policy, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.