Call 000. For confidential counselling and support, contact 1800RESPECT on 1800 737 732 or visit 1800respect.org.au, free and available 24 hours.
What family and domestic violence leave is
Paid family and domestic violence (FDV) leave is a National Employment Standard: a separate entitlement to 10 days of paid leave each year for employees dealing with the impact of family or domestic violence. It became available to all employees of non-small-business employers in February 2023 and to small-business employees from August 2023, and it now applies to everyone in the national workplace relations system.
Family and domestic violence means violent, threatening or other abusive behaviour by a close relative, a member of the employee's household, or a current or former intimate partner, that seeks to coerce or control the person or causes them fear.
Who is eligible
Every employee is eligible from their first day, full-time, part-time and casual alike. Unlike annual or personal leave, FDV leave does not accrue gradually and there is no minimum length of service. The full 10 days are available up front.
Fair Work Act 2009 (Cth) ss.106A-106E. See the Fair Work Ombudsman, Family and domestic violence leave.
How many days, and how it is paid
The entitlement is 10 days per 12-month period. It does not pro-rata for part-timers or casuals: a part-time worker gets the same 10 days as a full-timer. The balance renews on each work anniversary, and any unused days do not roll over to the next year. This is separate from your personal and carer's leave and every other entitlement in the National Employment Standards.
- Full-time and part-time employees are paid at their full rate of pay for the hours they would have worked on the day.
- Casual employees are paid their full rate of pay for the hours they were rostered to work.
What you can use it for
The leave is for doing something to deal with the impact of family or domestic violence where it is impractical to do so outside work hours, for example:
- Arranging for your own safety or the safety of a family member, including relocation.
- Attending court or accessing police, legal or financial services.
- Attending medical, counselling or support-service appointments.
How to access it
Tell your employer as soon as practicable (this can be after the leave has started) and let them know how long you expect to be away. An employer can ask for reasonable evidence that the leave is for an eligible purpose, such as a statutory declaration, or documents from police, a court or a support service.
Confidentiality and payslips
Employers must keep information about an employee's situation confidential where reasonable. There are also specific payslip rules designed for safety: pay for FDV leave must not be itemised on a payslip as family and domestic violence leave. It is instead recorded in a way that does not reveal it, for example as ordinary hours of work, so that a payslip does not expose the employee to risk.
Where to get help
Support is free and confidential:
- 1800RESPECT, 1800 737 732, national 24-hour counselling and support.
- Emergency, call 000 if you or someone else is in immediate danger.
- Fair Work Ombudsman, for questions about your leave entitlement and pay.
Key takeaways
- 10 days of paid FDV leave per year for every employee, including casuals.
- Available in full from day one. It does not accrue and does not roll over.
- Paid at your full rate of pay for the hours you would have worked.
- Pay must not be shown on a payslip as FDV leave, for your safety.
- Source: Fair Work Act 2009 (Cth) ss.106A-106E.
Author & reviewer
Sarah has spent over a decade advising Australian SMBs on Fair Work, NES compliance, and payroll. Based in Sydney, she has worked across hospitality, retail and professional services.