Family and domestic violence leave: Are you informed?

Three years after Australia introduced 10 days of paid family and domestic violence (FDV) leave for all employees under the Fair Work Act 2009 (the Act), research shows uptake is still far below the rates of prevalence. 

The leave is designed to give people time to attend medical or counselling appointments, meet with legal or police services, or arrange housing without risking their employment or income. However, many people are either not aware of it or do not feel safe enough to access it.

“The Act provides employees 10 days of paid leave per year, separate from annual leave and is available regardless of length of service,” explains Fay Calderone, employment lawyer and partner at Hall & Wilcox.

Importantly, unlike other types of leave that accrue over time, FDV leave is available in full from day one of employment for all employees — including casuals — and there are consequences for employers who ignore it.  

“Employers who refuse to provide this leave are contravening the National Employment Standards. For serious breaches, penalties can be up to 10 times the usual maximum,” Calderone says.

Mishandling FDV leave is not just a compliance issue — it can expose organisations to legal liability, reputational damage and serious risks to employee safety. Given this, how can employers respond effectively to leave requests, address barriers to disclosure, meet their legal obligations, and create a safe, supportive workplace?

Accessing FDV leave is rarely as simple as filling out a form. According to Dr Kantha Dayaram, professor of employment relations and labour policy at Curtin University, fear, stigma and concerns about judgement often prevent employees from seeking the support they are entitled to.

Dayaram and her fellow researchers’ 2025 study, which includes interviews with victim survivors and a range of representatives from unions, employers and legal services, found that many workers still avoid accessing FDV leave.

“Shame, stigma, fear of judgement and fear of job loss often stop people from disclosing domestic violence. Many worry that colleagues will find out or worry that taking leave repeatedly will make them seem ‘problematic’.

 

"Shame, stigma, fear of judgement and fear of job loss often stop people from disclosing domestic violence. Many worry that colleagues will find out or worry that taking leave repeatedly will make them seem ‘problematic’."

 

“For others, the 10-day entitlement is only a start. Leaving a violent relationship takes time, and without confidentiality or a sense of safety at work, people often access other paid or unpaid leave entitlements instead,” Dayaram says.

The research also shows that in some workplaces, managers are unaware of the entitlement or may feel ill-equipped to respond to disclosures and provide appropriate support.

“This is often due to direct line managers not receiving training,” she says. “We found some employees reported being told by their managers to use personal leave, even though they were entitled to paid FDV leave, which is a protected attribute by law.”

When an employee requests FDV leave, the first conversation matters. 

“Managers are not expected to investigate the situation or act as a counsellor,” says Natasha Hawker, founder and director of Employee Matters. 

“Their role is to respond respectfully, ensure the employee understands their options and connect them with appropriate support — such as an Employee Assistance Program.”

It is also important to avoid inadvertently exposing the person to further harm. For example, perpetrators often monitor financial and employment records, and if FDV leave is accidentally identified on a payslip, it can place someone in further danger, Hawker says.

 

"Managers are not expected to investigate the situation or act as a counsellor. Their role is to respond respectfully, ensure the employee understands their options and connect them with appropriate support — such as an Employee Assistance Program."

 

“Payslips must not identify an employee as taking family and domestic violence leave, because they often go home directly to the perpetrator. Instead, use neutral terms like ‘ordinary hours’ or ‘other paid leave’,” she says. 

“Making sure the details are not included can reduce the risk of accidental disclosure, which can put somebody in extreme jeopardy.”

Record keeping practices are equally important. Any documentation relating to FDV leave should be stored securely and handled with sensitivity, ideally separate from general personnel files to minimise the risk of unauthorised access. Clear protocols around who can view and manage this information are critical to maintaining confidentiality.

What to do if you receive a FDV leave request

While an employer has the legal right to request evidence to grant FDV leave, they are not required to do so, Calderone advises.

“When you receive a FDV leave request, respond quickly and permit the leave immediately, without cumbersome processes and handovers,” she says.  

“Let the employee indicate how long they expect to be away and only ask for evidence, such as court documents or police reports, if it is absolutely necessary. This matters because delays or demands for proof can put employees at further risk and discourage them from seeking help when they need it most.”

Dayaram warns against making employees jump through hoops. “Some employees are still figuring out what they want to do when they first request leave. Asking them for overburdening evidence, such as medical certificates or court papers, can put them off entirely.”

Even a small business can make a difference by providing support contacts, such as 1800RESPECT, Australia’s national domestic family and sexual violence counselling service, rather than overburdening employees with paperwork, she advises.

“Just listen to the person and ask, ‘What would you like me to do?’” Dayaram says. “It is not just about evidence, it is how you handle it, who sees it and how you can provide a safe workplace.”