Family and Domestic Violence Leave — 10 Days Paid Leave
All Australian employees including casuals are entitled to 10 days paid family and domestic violence leave per year. Learn how to access it and your privacy rights.
10 days paid family and domestic violence leave
Since 1 February 2023, all employees in Australia — including full-time, part-time, and casual workers — have been entitled to 10 days of paid family and domestic violence leave (FDV leave) per year. This entitlement is part of the National Employment Standards under the Fair Work Act 2009, following amendments introduced by the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022. The 10 days are available in full at the start of each 12-month period (from the employee's work anniversary date), rather than accruing progressively. Unused FDV leave does not carry over from year to year — it resets on the anniversary. For full-time and part-time employees, FDV leave is paid at the employee's full pay rate for the hours they would have worked during the leave period. For casual employees, this is a groundbreaking entitlement because FDV leave is paid — casual workers receive payment based on the hours they were rostered to work, or if no roster was issued, the hours they would have worked in an ordinary period. This makes Australia one of the most progressive countries in the world for domestic violence leave protections.
Who is covered by FDV leave?
All national system employees are covered, regardless of their employment type, length of service, or earnings level. This includes full-time, part-time, and casual employees from their first day of employment — there is no minimum qualifying period. The entitlement covers employees who are experiencing family and domestic violence. Under the Fair Work Act, family and domestic violence means violent, threatening, or other abusive behaviour by a close relative of the employee, a member of the employee's household, or a current or former intimate partner of the employee, that seeks to coerce or control the employee and causes them harm or to be fearful. The definition is intentionally broad and covers physical, emotional, psychological, sexual, and financial abuse. A 'close relative' includes a parent, grandparent, child, grandchild, or sibling of the employee, or a person related to the employee according to Aboriginal or Torres Strait Islander kinship systems. This means the leave covers violence from a wide range of relationships, not just intimate partners. Both men and women can access FDV leave — the entitlement is gender-neutral.
What can FDV leave be used for?
FDV leave can be taken for any purpose related to the impact of family and domestic violence. The Fair Work Act does not prescribe specific permitted uses — the leave is available for any activity that is necessitated by the employee experiencing domestic violence. Common uses include: attending court hearings, including applying for apprehended violence orders or intervention orders, attending appointments with legal practitioners, police, or counselling services, relocating to safe accommodation (moving house, arranging new housing), making safety arrangements for themselves or their children (changing locks, installing security, notifying schools), attending medical appointments related to injuries or trauma, accessing support services such as refuges, helplines, or social workers, and making financial arrangements such as opening new bank accounts or redirecting income. The leave can be taken as single days, part-days, or consecutive days. It does not need to be taken in a single block. Employees should give notice to their employer as soon as practicable, but given the nature of FDV situations, employers should be flexible about notice requirements. The leave can be taken even if the violent event occurred outside working hours — the employee does not need to be dealing with an immediate crisis during work time.
Evidence and confidentiality requirements
An employer may request evidence to support a claim for FDV leave, but the confidentiality protections surrounding this evidence are among the strongest in Australian workplace law. Acceptable evidence includes: a document issued by the police, a court document (such as an intervention order), a document from a family violence support service, a statutory declaration, or any other form of evidence that would satisfy a reasonable person. The employer must not require the employee to provide evidence that is unreasonable in the circumstances. Critically, the employer must take reasonably practicable steps to keep any information about the employee's FDV situation confidential. This means limiting the number of people within the organisation who have access to the information. The information can only be disclosed if it is required by law, necessary to protect the life, health, or safety of the employee or another person, or the employee has given consent. Breaching these confidentiality obligations can attract civil penalties. An employer who discloses an employee's FDV situation without authorisation faces significant penalties.
FDV leave does not appear on payslips
In a critical privacy protection, FDV leave must not be identified on the employee's payslip. This provision was specifically included in the legislation to protect employees from having their FDV situation revealed through their pay records. When an employee takes FDV leave, the payslip must show the payment but must not label it as family and domestic violence leave. Employers need to develop internal systems that track FDV leave for record-keeping and entitlement management purposes, while ensuring this information does not flow through to payslips, payment summaries, or any other documents the employee might share with third parties. This provision recognises that payslips are commonly required for rental applications, loan applications, and other purposes where revealing an FDV situation could cause harm or discrimination. The record-keeping obligation still applies — employers must keep records of FDV leave taken for 7 years — but these records must be stored securely and kept confidential. The intersection of record-keeping and privacy requirements means employers should invest in payroll systems that can properly manage FDV leave tracking without compromising employee privacy.
How to request FDV leave
If you need to take FDV leave, you should notify your employer as soon as practicable. This can be done verbally, by phone, by email, or in any other way that is reasonable in the circumstances. You do not need to provide detailed information about your situation — simply stating that you need to take FDV leave is sufficient for the initial notification. Your employer may subsequently request evidence, but they must be reasonable about what they ask for and when. If you do not feel safe notifying your direct manager, you can contact HR, a trusted senior employee, or any other appropriate person within your organisation. Many workplaces have designated FDV contact officers or employee assistance programs. If you are a casual employee, you are entitled to paid FDV leave based on the hours you were rostered to work during the leave period, or the hours you would reasonably have been expected to work. If your employer refuses your FDV leave request, denies your entitlement, or takes adverse action against you for taking FDV leave, this is a serious breach of the Fair Work Act. You can contact the Fair Work Ombudsman for assistance, or make a general protections claim with the Fair Work Commission. Support services include 1800RESPECT (1800 737 732) and Lifeline (13 11 14).
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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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