Workplace resource: Your right to family & domestic violence leave

National system employees

All national system employees are entitled to 10 days paid family and domestic violence leave per 12-month period. This includes part-time and casual employees.

More information can be found on the Fair Work Ombudsman’s website here.

How much leave do I get?

You are able to access the leave in full at the start of every 12 month period. The leave entitlement resets at the end of every 12 month period and does not accumulate year to year. This means you do not need to wait and accrue the leave (like holiday or personal leave).

You can take all 10 days:

• in one continuous 10 day period; or
• in separate periods of one or more days each; or
• in any separate periods to which the employer and employee agree (including periods of less than a day).

How do I take it?

Leave can be taken if:

This can include:

• making arrangements to secure your safety or of the safety of a close family member (including relocation);
• attending court;
• accessing police services;
• attending counselling and attending appointments with medical, financial or legal professionals.

What does family and domestic violence mean under the Fair Work Act?

Family and domestic violence leave means:

• violent, threatening or abusive behavior by a close family member, former or current intimate partner or member of your household. It can also include a person related to you according to Aboriginal or Torres Strait Islander kinship rules; and
• the behaviour towards you is looking to control or coerce you, and the behaviour causes you harm or fear.

This could include:

You can learn more about family and domestic violence from the Centre for Women’s Safety and Wellbeing: https://cwsw.org.au/what-is-domestic-and-family-violence/

What do I need to tell my employer?

You will need to tell your employer that you are taking family and domestic violence leave as soon as practical. This can be after the leave has started.

You will also need to tell your employer how long you think you will be on family and domestic violence leave.

Your employer may ask you for evidence that you are experiencing family and domestic violence, what you need to do to deal with family and domestic violence and why it can’t be done outside work hours. You will need to provide evidence that would satisfy a reasonable person.

Reasonable evidence may look like:

• a statutory declaration;
• family violence support service documents;
• documents issued by a police service; or
• documents issued by a court.

State system employees

Per 12-month period, State system employees are entitled to:  

• 10 days of paid family and domestic violence leave; as well as
• 5 days unpaid family and domestic violence leave 

This entitlement includes part-time and casual employees. 

More information can be found on the Department of Mines, Industry Regulation and Safety website here. 

What are the rules for paid family and domestic violence leave?  

State system employee’s entitlement to 10 days of paid family and domestic violence leave comes from the Fair Work Act. While most laws in the Fair Work Act apply to national system employees only, there is an exception in the Act which allows state system employees to access the same entitlement to paid family and domestic violence leave as national system employees. See information above for national system employees, as the entitlement to paid leave as well as how you take the leave, is the same for state system employees.  

How do I take unpaid family and domestic violence leave? 

You are able to take unpaid family and domestic violence leave if: 

• you are experiencing family and domestic violence; and 

• you needs to do something to deal with the impact of the family and domestic violence; and 

• it is not practical to do outside work hours.  

You need to let your employer know that you are taking it as soon as practical, and when you believe you will be able to return to work. 

If you are unfit to attend work due to an illness or injury, you can use personal leave. You can find more information about person leave here. 

What does family and domestic violence mean under the Minimum Conditions of Employment Act? 

Under the Minimum Conditions of Employment Act, family and domestic violence means: 

• violence, or a threat of violence, by a person towards a family member of the person; or 

• any other behaviour by the person that coerces or controls the family member or causes the member to be fearful. 

This may include, but is not limited to: 

• assault or sexual assault; 

• stalking or cyber stalking; 

• damaging property or hurting animals; 

• unreasonably withholding financial support needed to meet the reasonable living expenses 

• threats of violence or coercion; and 

• preventing the family member from making or keeping connections with the member’s family, friends or culture. 

You can learn more about family and domestic violence from the Centre for Women’s Safety and Wellbeing: https://cwsw.org.au/what-is-domestic-and-family-violence/  

What do I need to tell my employer? 

You will need to tell your employer that you are taking family and domestic violence leave as soon as practical. This can be after the leave has started. You will also need to tell your employer how long you think you will be on family and domestic violence leave. 

Your employer may ask you for reasonable evidence that you are experiencing family and domestic violence, that you need to do something to deal with family and domestic violence and it is not practicable to do it during work hours. 

Your employer should keep this information confidential unless required to disclose by law or is necessary to protect the life, health or safety of yourself or another person. 

This could be a document issued by: 

• a police service; 

• a court or family violence support service; 

• a medical practitioner; 

• a legal service; 

• a counsellor; 

• a refuge service; or 

• a financial institution. 

Reasonable evidence can include a statutory declaration. 

More information can be found on the Department of Mines, Industry Regulation and Safety website here. 

If you are having trouble figuring out your entitlement, or which system you are in, you can contact us to make a request for legal advice here.