Family and Domestic Violence Leave: What Every Manager Needs to Know (and Most Don't)

A few years ago, a manager came to me for advice. One of their team members had started arriving late, seemed distracted, and had taken several unplanned days off. The manager was thinking about starting a performance conversation.

During that conversation - before they said anything about performance - the employee broke down and disclosed that they were experiencing serious family violence. They needed time to attend court, relocate, and manage safety arrangements for their children.

The manager, to their credit, listened. But they had no idea what the employee was entitled to, how to handle the request, or what they could and could not ask. They did not know the leave existed.

That conversation was several years ago. Since 1 February 2023, every Australian employee - full-time, part-time, and casual - has been entitled to 10 days of paid family and domestic violence leave per year. A Flinders University independent review of the legislation, published in its findings in 2025, found the entitlement is "life changing for those who access it." It also found that awareness and understanding remain low - both among employees who need it and employers who are obligated to provide it.

This is what managers and HR practitioners need to know.

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1. The entitlement - exactly what the law provides

Who is covered: Full-time, part-time, and casual employees. It is not pro-rated for part-time or casual employees - a casual employee working two days a week receives the same 10-day entitlement as a full-time employee. This applies to all employers in the national Fair Work system.

What it can be used for: The leave can be taken to deal with the impact of family and domestic violence where it is not practical to do so outside ordinary work hours. The FWO confirms this includes:

• Making arrangements for personal or family safety, including relocation
• Attending court proceedings or police appointments
• Accessing legal or financial services
• Accessing medical, psychological, or other support services
• Making arrangements for the care of a child

The rate of pay:

• Full-time and part-time employees: full rate of pay for the hours they would have worked
• Casual employees: full rate of pay for the hours they were rostered to work during the period of leave

The full rate of pay includes the base rate plus applicable incentive payments, bonuses, loadings, and monetary allowances - not just the base rate.

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2. What family and domestic violence means under the Act

The Fair Work Act defines family and domestic violence as violent, threatening, or other abusive behaviour by an employee's close relative or household member that seeks to coerce or control them, or causes them harm or to be fearful.

This definition is broader than many managers expect. It includes:

• Physical assault or threats of assault
• Sexual assault
• Psychological or emotional abuse
• Stalking
• Deliberately damaging or destroying property
• Unreasonably withholding financial support or autonomy
• Preventing or limiting connections with family, friends, or cultural community
• Threatening to harm a child or other person the employee cares about

A "close relative" includes a spouse, de facto partner, child, parent, grandparent, grandchild, sibling - and the equivalent relatives of a current or former spouse or de facto partner. The definition is designed to capture the full range of relationships in which family violence occurs, not just intimate partner violence.

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3. What managers must and must not do

This is where most compliance gaps exist in practice. Managers who are well-intentioned still regularly make errors in how they handle FDV leave requests - either because they ask too much or act in ways that inadvertently breach the employee's privacy.

What you must do:

Provide the leave when it is requested for a qualifying purpose. The employee does not need to prove the violence occurred - they need to notify you of their need to take the leave and provide evidence if requested.

If you request supporting evidence, it must be provided within the bounds of what is reasonably available. Evidence can include a statutory declaration, documents issued by the police, a court, a medical or legal professional, a family violence support service, or a financial institution. You cannot require a specific type of evidence.

Keep all information about the employee's FDV leave request confidential. This is a legal obligation - you must not disclose information about the leave to anyone else unless required by law or with the employee's consent.

What you must not do:

Include information about FDV leave on an employee's payslip. Since 1 February 2023, it is a legislative requirement that FDV leave taken is not recorded on a payslip in a way that identifies it as family and domestic violence leave. The payslip must show leave was taken but must not identify the type. Many employees remain in contact with their abuser and access payslips in shared environments.

Do not require the employee to take annual leave or personal leave before accessing FDV leave. FDV leave is a standalone NES entitlement, not a leave of last resort.

Do not discuss the employee's situation with their colleagues, manager peers, or others in the workplace. Even well-intentioned disclosure - "she needs support right now" - can breach confidentiality and put the employee at risk.

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4. The notification and evidence process

Notification: The employee should give notice as soon as practicable. In practice, this may mean notifying the employer on the day of or even after the leave commences. An employee in a crisis situation cannot always provide advance notice. Accept late notification where the circumstances reasonably explain it.

Evidence: You may ask for supporting evidence, but you must:

• Only use the information to assess the request
• Treat it as strictly confidential
• Not require the employee to provide more than is reasonably available

The Flinders University review found that many employees did not access FDV leave because they were afraid their employer would not believe them, would disclose their situation, or would treat them differently at work. How you handle the notification and evidence process directly affects whether employees in your workplace will actually use an entitlement that may be critically important to their safety.

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5. The parental leave after loss connection

The Fair Work Ombudsman's May 2026 newsletter also highlighted a related area: parental leave after pregnancy or child loss - sometimes called "Baby Priya's Law" after the Fair Work Amendment (Baby Priya's) Act 2025, which received Royal Assent on 6 November 2025.

Under Baby Priya's Law, employers cannot refuse or cancel employer-funded paid parental leave because the child is stillborn or dies after birth. This is separate from FDV leave but sits in the same category of leave entitlements where manager awareness is low and the stakes - for the employee - are highest.

The FWO's new fact sheet on parental leave after a loss is available at fairwork.gov.au. If your organisation provides employer-funded parental leave, review your policy to confirm it addresses the stillbirth and child loss scenario explicitly.

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6. Building a workplace response - not just a policy

Having an FDV leave policy is necessary. It is not sufficient.

The Flinders University review found that awareness of the entitlement among employees who needed it was low - meaning the policy existed but employees did not know they could access it or felt unsafe doing so. This is a structural gap in how workplaces communicate the entitlement, not just a documentation gap.

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The legislation is life-changing for those who access it. The challenge is that too many who need it do not know it exists - or are afraid to ask.

A workplace that handles FDV leave well does three things:

Makes the entitlement visible. Include FDV leave in your onboarding materials, your leave policy, and your manager training. Employees should know it exists before they need it.

Trains managers on the practical obligations. The payslip prohibition. The confidentiality obligation. What evidence can be requested. What not to ask. How to create a safe environment for a disclosure. This is not a topic that can be covered in a bullet point in a policy document - it needs to be a real conversation in manager training.

Has a referral pathway ready. The national domestic, family and sexual violence counselling service 1800RESPECT (1800 737 732) is available 24 hours a day. Your Employee Assistance Program can also play a role. Having these resources identified and accessible before a disclosure means a manager is not scrambling in the moment.

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Key Takeaways

1. All employees - including casuals - are entitled to 10 days of paid FDV leave per year, available in full from day one, resetting annually, not accumulated.
2. The leave covers a broad range of safety-related purposes - court appearances, relocation, legal and financial services, child care arrangements.
3. FDV leave must never appear on a payslip in a way that identifies it as FDV leave. Check your payroll system settings.
4. Evidence can be requested but must be handled confidentially and cannot require the employee to produce more than is reasonably available.
5. Do not require the employee to exhaust other leave first. FDV leave is a standalone NES entitlement.
6. Manager awareness and training is the implementation gap. A policy alone does not ensure the entitlement is actually accessible to the employees who need it.
7. Baby Priya's Law: Employer-funded paid parental leave cannot be refused or cancelled because a child is stillborn or dies after birth. Review your parental leave policy.

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Resources

1800RESPECT - National domestic, family and sexual violence counselling service: 1800 737 732 (24/7) or 1800respect.org.au

In an emergency: 000

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Sources

1. [1] Fair Work Ombudsman (2026). Family and Domestic Violence Leave. Content last updated 12 February 2026. fairwork.gov.au/leave/family-and-domestic-violence-leave
2. [2] Fair Work Ombudsman (2026). Family and Domestic Violence Leave Fact Sheet. fairwork.gov.au/tools-and-resources/fact-sheets/minimum-workplace-entitlements/family-and-domestic-violence-leave
3. [3] Fair Work Act 2009 (Cth) ss.106A–106C. Family and domestic violence leave - National Employment Standards. Definition of family and domestic violence; entitlement; evidence requirements; confidentiality obligations.
4. [4] Department of Social Services (2025). Paid Family and Domestic Violence Leave - Government Response to Flinders University Statutory Review. Legislation found to be operating as intended and 'life changing for those who access it.' dss.gov.au
5. [5] Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. Introduced 10 days paid FDV leave for all employees. Commenced 1 February 2023 (non-small business); 1 August 2023 (small business).
6. [6] FairWork Mate (2026). Family & Domestic Violence Leave 2026: 10 Days Paid for All Employees. Entitlement details; pay rate calculation; payslip prohibition. fairworkmate.com.au
7. [7] Fair Work Amendment (Baby Priya's) Act 2025. Royal Assent 6 November 2025. Employers cannot refuse or cancel employer-funded paid parental leave because a child is stillborn or dies after birth.
8. [8] Working Women's Centre SA (2025). 10 Days of Paid Family and Domestic Violence Leave. Evidence types; pay rate for casuals; leave structure. wwcsa.org.au