Like most HR challenges, it’s best to understand your responsibilities and options before you’re faced with a real situation - being prepared can make all the difference for both you and your employee. In this article we’ll break down what you need to know about family and domestic violence leave entitlements, your legal responsibilities as an employer, and practical ways to support affected employees.
What Is Family and Domestic Violence?
Family and domestic violence is any violent, threatening, or abusive behaviour from a close relative that aims to control or harm someone. This can include:
Physical violence
Verbal or emotional abuse
Financial control
Coercion and intimidation
Under the Fair Work Act, a ‘close relative’ includes spouses, de facto partners, children, parents, grandparents, and siblings, as well as family members under Aboriginal and Torres Strait Islander kinship rules.
What Are The Domestic Violence Leave Entitlements & Your Legal Responsibilities as an Employer?
All employees in Australia - including part-time and casual staff - are entitled to family and domestic violence leave under the Fair Work Act.
As of February 2023, employees are entitled to 10 days of paid family and domestic violence leave per year, which resets annually. This leave can be taken if the employee is experiencing domestic violence and needs time to deal with its impact, such as attending court, moving house, or seeking medical or legal assistance.
If an employee requests domestic violence leave, any information they provide must be handled with strict confidentiality. It can only be disclosed if required by law or if necessary to protect someone’s health or safety.
Supporting Employees Affected by Domestic Violence
Beyond legal obligations, there are practical ways to support employees dealing with domestic violence:
Create a Safe Environment Encourage open communication and let employees know they can talk to you (or a trusted manager) in confidence. A simple statement in your policies or staff meetings reinforcing this can make a big difference.
Be Flexible An employee experiencing domestic violence may need flexible work arrangements, such as adjusted start and finish times or remote work. They have the legal right to request flexibility, and employers can only refuse on reasonable business grounds.
Provide Resources Offer support by directing employees to services such as 1800RESPECT (1800 737 732), Lifeline (13 11 14), or Beyond Blue (1300 22 4636). If your business has an Employee Assistance Program (EAP), ensure staff know how to access it.
Develop a Workplace Policy Having a clear policy on family and domestic violence leave ensures employees know their rights and feel safe seeking support. This policy should outline:
The leave entitlements available
How to request leave confidentially
Who to speak to for support
Why This Matters
Domestic violence affects not just individuals but entire workplaces. Employees facing violence may struggle with focus, absenteeism, or sudden resignations, impacting your business’s productivity and culture. By having a clear approach and supporting affected staff, you create a safer, more stable work environment for everyone.
Need Help Navigating This?
If you're unsure about implementing domestic violence leave policies or handling employee requests, I can help. Whether it’s drafting a policy, providing guidance on legal obligations, or simply answering your questions, I offer a confidential, no-obligation chat to support you in getting this right.
DISCLAIMER:
The content provided on this website serves as a general information resource on the subjects discussed, and should not be considered tailored to specific individual circumstances or a replacement for legal counsel. While we exert significant effort to ensure the accuracy of our information, HR Consulting TAS cannot ensure that all content on this website is consistently accurate, exhaustive, or current. Recommendations by HR Consulting TAS and any information acquired from this website should not be regarded as legal advice.
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