About family and domestic violence leave

Understand family and domestic violence leave, including who is entitled to it and how it's paid.

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Support services

1800RESPECT is the national domestic, family and sexual violence counselling, information and support service. 

If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au.

Paid family and domestic violence leave

Family and domestic violence leave comes from the National Employment Standards (NES). It's a paid minimum leave entitlement, like annual leave or paid sick and carer's leave.

Family and domestic violence leave applies to all employees, including full-time, part-time and casual employees.

All employees get the full 10 days of leave from their first day of employment. It's not pro-rated for part-time or casual employees.

On the employee's employment anniversary each year, the leave resets to 10 days. Unused leave doesn't carry over to the next year.

An employee is eligible to take the leave if they:

  • are experiencing family and domestic violence themselves, and
  • need to do something to deal with the impact and it's not practical to do it outside their work hours.

An employee won't be eligible to take the leave if they aren't experiencing family and domestic violence themselves but are providing care or support to someone who is. For information on other entitlement options, go to Providing care or support to someone who is experiencing family and domestic violence.

To learn more about when employees can take family and domestic violence leave, visit Taking family and domestic violence leave.

For notice and evidence requirements, go to Notice and evidence for family and domestic violence leave.

Important: Casuals are entitled to paid family and domestic violence leave

All employees can access paid family and domestic violence leave, including casual employees.

While casual employees aren't entitled to some paid leave under the NES, such as annual leave or paid sick and carer's leave, they are entitled to paid family and domestic violence leave.

What family and domestic violence is

'Family and domestic violence' can be defined differently under national, state and territory laws.

For the purposes of family and domestic violence leave, the Fair Work Act defines family and domestic violence as violent, threatening or other abusive behaviour by certain individuals known to an employee that: 

  • seeks to coerce or control the employee, and
  • causes the employee harm or fear.

For an employee to access paid family and domestic violence leave, the behaviour must come from:

  • the employee’s close relative
  • a member of the employee's household, or
  • a current or former intimate partner of the employee.

For the purposes of family and domestic violence leave, a close relative is:

You can find more information on what family and domestic violence can look like at 1800RESPECT.

How the leave accrues

Employees are entitled to 10 days of paid family and domestic violence leave each year. It's available from their first day of employment in full. It doesn't accrue over time.

The entitlement to family and domestic violence leave resets each year on the employee's work anniversary. It doesn't carry over from year to year.

For casuals and fixed term contract employeesAn employee employed under a contract that terminates at the end of a set period (for example, the contract ends on a set date, or after a set period of time or season). , the start of their employment with a particular employer is the start of their first employment with that employer. This means that their entitlement will reset on the anniversary of that date each year.

Example: Accessing paid family and domestic violence leave

Amy works full-time for a cleaning business. She starts work on 21 March. From her first day, she has access to 10 days of paid family and domestic violence leave.

In April, Amy experiences family and domestic violence. She uses 2 days of paid family and domestic violence leave to access police services and arrange alternative accommodation. She now has 8 days of paid family and domestic violence remaining until her entitlement resets.

Amy’s entitlement to paid family and domestic violence leave resets to 10 days on 21 March the following year. This is the anniversary of her start date with her employer. The 8 days left over from the previous year don't carry over.

Video: Family and domestic violence leave

Watch our short video to learn about:

  • how much paid leave employees can access
  • when employees can access the leave
  • notice and evidence requirements
Video URL

 

Enterprise agreements

Enterprise agreementsAn enterprise agreement sets out minimum employment conditions and can apply to one business or a group of businesses. can include extra entitlements for dealing with family and domestic violence.

If an enterprise agreement is less generous than the NES, then the NES applies. This is because the NES always applies as the minimum entitlement.

All employees will have access to 10 days paid family and domestic violence leave each year, even if their enterprise agreement provides less.

Employers and employees should check any enterprise agreement that applies to them. To find and search an enterprise agreement, go to Finding an agreement.

Example: NES entitlement applies if enterprise agreement is less generous

Tori and Sam work for a restaurant franchise that has an enterprise agreement with its employees. Tori works full time and Sam is casual.

The enterprise agreement provides 5 days of paid family and domestic violence leave each year to full-time and part-time employees only.

Tori and Sam know that all employees, including casuals, are entitled to 10 days of paid family and domestic violence leave under the NES if they're experiencing family and domestic violence. But their enterprise agreement:

  • excludes casuals from the entitlement
  • provides less than 10 days for the part-time and full-time employees.

Tori and Sam are confused about which entitlement applies, so Tori checks the rules. She sees that the NES always applies as the minimum entitlement. It can't be overridden by an enterprise agreement that provides less. 

This means that both Tori and Sam can access 10 days of paid family and domestic violence leave each year. This entitlement comes from the NES instead of their enterprise agreement.

Workplace policies

Some businesses have workplace policies, or engage employees under employment contractsAn employment contract is an agreement between an employer and employee that sets out terms and conditions of employment. A contract can be in writing or verbal. Other known term: contract of employment. , that provide paid family and domestic violence leave.

If an employment contract or workplace policy has less than the minimum entitlement in the NES, the NES entitlement applies. This means that employees get 10 days of paid leave each year to deal with the impact of family and domestic violence, even if a workplace policy or contract gives less.

Example: NES entitlement applies if workplace policy is less generous

Jo’s employer has a family and domestic violence leave policy that provides all employees with an entitlement to 2 days of paid family and domestic violence leave each year.

Jo’s entitlement under the NES is more generous than their employer’s policy. The NES provides 10 days of paid family and domestic violence leave each year.

Because the NES is always the minimum entitlement, Jo is entitled to 10 days of paid family and domestic violence leave each year.

Protection from discrimination

Current and future employees who are experiencing (or who have experienced) family and domestic violence are protected from adverse actionAn action taken by an employer, employee, contractor or industrial association, which may be unlawful depending on the reason for the action. For example dismissing an employee for taking industrial action. . This is because experiencing family and domestic violence is a ‘protected attribute’.

Employers can’t take adverse action against an employee because of a protected attribute.

Examples of adverse action can include:

  • dismissal
  • changing an employee’s job to their disadvantage
  • treating an employee differently to other employees.

Find out more about adverse action and discrimination at Protection from discrimination at work.

Source reference for page: Fair Work Act 2009 sections 106A–106E, 340, 351, 757B-757D

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