Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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Understanding your obligations around domestic leave is essential for every Australian employer. It’s not just about compliance - it’s about supporting people who may be navigating incredibly difficult circumstances and creating a safe, respectful workplace.
Since 2023, the Fair Work Act has guaranteed paid Family and Domestic Violence (FDV) leave for most employees. If you employ staff in Australia, you need to know how this entitlement works in practice, how to manage requests sensitively, and what to update in your policies, payroll and procedures.
In this guide, we’ll explain what “domestic leave” means under Australian law, who is eligible, the rules you must follow (including strict privacy requirements), and simple steps to make your compliance seamless.
What Is “Domestic Leave” In Australia?
When we talk about “domestic leave” in Australia, we’re usually referring to Family and Domestic Violence (FDV) leave under the National Employment Standards (NES). This leave allows an employee to take time away from work to deal with the impact of family or domestic violence. Examples include arranging for their safety (such as moving house), attending court or police appointments, meeting with a lawyer or support service, organising childcare or schooling changes, and getting counselling or medical care. The aim is to remove practical barriers so employees can take critical steps to protect themselves or their family.What Counts As Family And Domestic Violence?
FDV is defined as violent, threatening or other abusive behaviour by a close relative, a current or former intimate partner, or a member of the employee’s household that is aimed at coercing or controlling the employee, or causing them harm or fear. It includes (but isn’t limited to) physical, emotional, psychological, financial and sexual abuse. “Close relatives” include a spouse or former spouse, de facto partner or former de facto partner, child, parent, grandparent, grandchild, sibling (including step and adoptive relationships) and certain extended family members.Who Is Eligible And What’s Included In The 10-Day Paid Entitlement?
Most employees covered by the Fair Work Act - including full-time, part-time and casual employees - are entitled to paid FDV leave. Key features of the entitlement include:- 10 days paid leave available “up front” each year: The full 10 days becomes available on each employee’s work anniversary (not the calendar year) and does not accumulate from year to year.
- Applies to all employees: Full-time, part-time and casual employees are covered if they’re employed by an employer to whom the Fair Work Act applies.
- Full rate of pay: FDV leave is paid at the employee’s full rate of pay for the hours they would have worked during the period (for casuals, this includes the casual loading).
- Flexible use: Leave can be taken as a single block or in separate periods (of one or more days). Shorter periods can be taken by agreement.
- Notice and evidence: Employees must give notice as soon as practicable and advise the expected period. You may request evidence that would satisfy a reasonable person (for example, a police report, court document, letter from a support service or a statutory declaration).
- Strict confidentiality: Information about FDV leave must be kept confidential, except where disclosure is required by law or necessary to protect someone’s life, health or safety.
How To Manage Family And Domestic Violence Leave Requests
When an employee raises FDV leave, it’s important to respond lawfully and with care. Here’s a practical, step-by-step approach.1) Have A Clear, Supportive Policy
Set expectations early. A clear policy explains who is eligible, how leave can be requested, what notice and evidence may be required, how privacy is protected, and the support options available (for example, EAP details or referral services). Most businesses include this in a broader suite of workplace policies or a staff handbook so employees know where to turn. If you don’t have one yet, a tailored workplace policy and a practical staff handbook package make implementation much easier.2) Respond Promptly, With Empathy
When an employee reaches out, acknowledge their situation, thank them for raising it and reassure them that their privacy will be protected. Don’t press for details beyond what’s necessary to approve leave and ensure safety at work.3) Request Evidence (Only If Needed)
The law allows you to ask for evidence that would satisfy a reasonable person, but keep the process simple and sensitive. Acceptable evidence might include a court or police document, a letter from a support service or counsellor, or a statutory declaration. If an employee can’t get evidence immediately, consider what is reasonably practicable in their circumstances.4) Pay At The Full Rate Of Pay
Process approved FDV leave as paid time off at the employee’s full rate for the hours they would have worked. For casual employees, this includes their casual loading for the rostered hours missed.5) Keep Information Private And Secure
Confidentiality is non-negotiable. Limit access to information on a strict “need-to-know” basis (for example, a payroll officer processing payment). Store records securely and separately from general personnel files where practicable.6) Follow The Payslip Rules
Do not include information on payslips that identifies FDV leave or its balance. Payslips should not show that FDV leave was taken. You may record the hours internally for payroll and compliance purposes - just avoid any payslip references that could reveal the nature of the leave.7) Offer Further Support And Safety Planning
Provide information about internal support (such as EAP) and external services. Think practically about safety at work - for example, varying shifts, adjusting contact details, screening calls, or changing access arrangements. This ties into your broader duty to provide a safe workplace under WHS laws; you can read more about your obligations in our guide to duty of care for employers.Policies, Payroll And Privacy: Getting Your Documents And Systems Right
Strong documentation and systems make FDV leave easier to manage and help you meet your legal obligations without putting employees at risk.Essential Documents To Review Or Implement
- Employment Agreements: Reference the NES and confirm employees are entitled to minimum leave rights, including FDV leave. Avoid terms that conflict with the NES.
- FDV Leave Policy: Set out eligibility, how to request leave, acceptable notice and evidence, confidentiality, and available support options.
- Work Health & Safety (WHS) Policy: Recognise FDV as a potential work health and safety risk and commit to reasonable adjustments and safety planning.
- Privacy Policy: Explain how you collect, use, store and secure employee information, including sensitive information related to FDV leave. If your business collects or handles personal information more broadly, ensure your Privacy Policy is up to date and consistent with your FDV policy.
- Recordkeeping Settings: Align your HRIS and payroll set-up with the FDV payslip rules and ensure your team knows not to identify FDV leave on payslips.
Privacy And Confidentiality In Practice
Beyond policy wording, make privacy work day-to-day:- Restrict access to FDV leave records to select HR/payroll personnel.
- Segregate sensitive documents from general files and apply tighter system permissions.
- Ensure email subject lines and payslips never reveal FDV leave details.
- Use secure channels where possible for documentation and communications.
- Review your retention settings so sensitive records are kept only as long as necessary, aligning with your broader approach to data retention laws.
Building A Safe, Supportive Workplace Culture
Legal compliance is the baseline. The way you communicate, train leaders and design your systems will determine how safe employees feel to ask for help.Practical Steps You Can Take
- Normalise help-seeking: During onboarding and regular updates, mention FDV leave and support pathways so staff know they can reach out early.
- Train your leaders: Provide simple scripts and checklists for managers - how to respond, who to loop in, where to store records and what not to ask.
- Keep it simple: Make the request process straightforward. If employees must provide evidence, be flexible about what’s reasonably practicable to obtain.
- Safety at work: Consider practical adjustments (shifts, location, contact details, parking, escorts, access controls) to reduce risk.
- Zero tolerance for adverse action: Ensure there’s no discrimination, victimisation or negative treatment because an employee disclosed FDV or accessed their leave.
Where FDV Intersects With Other Employment Obligations
FDV leave often intersects with other areas of employment law - for example, performance management, flexible work, or managing absences. It’s wise to check that your internal processes align with your policies and the NES, and that they’re reflected in current documents like your Employment Contract and broader policy framework.Key Takeaways
- Most employees in Australia - including casuals - are entitled to 10 days of paid Family and Domestic Violence leave each year, available up front on their work anniversary and not accruing year to year.
- FDV leave must be paid at the full rate of pay for the hours the employee would have worked, with flexible use in single or multiple periods as needed.
- Employees must give notice as soon as practicable and you can request reasonable evidence, such as a court or police document, a letter from a support service or a statutory declaration.
- Never identify FDV leave on payslips. Keep any FDV-related information confidential, limit access on a need-to-know basis and store records securely.
- Update your contracts, policies and payroll settings to reflect current law - including a clear FDV leave policy, WHS measures and an up-to-date Privacy Policy.
- Invest in manager training and a supportive culture so employees can safely access their entitlements without unnecessary barriers or stigma.
