When most business owners heard about the introduction of 10 days paid Family and Domestic Violence (FDV) Leave, their first question was usually:
“What do I have to do?”
It’s an understandable question. After all, this was one of the biggest changes to the National Employment Standards in recent years.
But while understanding the legislation is important, complying with the law is only one part of the picture.
As a business owner or leader, you’re also likely to be one of the first people an employee turns to if they’re experiencing family or domestic violence.
Knowing how to respond can make all the difference.
Family and Domestic Violence Leave first became a workplace entitlement in December 2018, when eligible employees were entitled to 5 days of unpaid leave.
The law changed again in 2023.
From 1 February 2023, employers with 15 or more employees were required to provide 10 days of paid Family and Domestic Violence Leave.
From 1 August 2023, the entitlement expanded to include small business employers (that is if you have 14 or fewer employees), meaning all employees in Australia became entitled to the same minimum standard.
The entitlement applies to:
Unlike annual leave or personal leave, the entitlement is available in full from the start of employment. It doesn’t accrue progressively, and any unused balance doesn’t carry over into the following year. It is replenished back to the maximum 10 days each commencement anniversary.
One statistic from a Business NSW survey really stood out to me.
More than 54% of Australian workplaces reported they had observed or suspected an employee was experiencing family or domestic violence.
That means there’s a very real chance someone in your workplace has been affected.
As an employer, you aren’t expected to become a counsellor or investigator.
But you are in a position to create a workplace where employees feel safe enough to ask for help.
For some employees, disclosing family or domestic violence can literally be a matter of safety.
That’s why confidentiality isn’t just good practice—it’s essential.
Think carefully about:
For example, the leave should not be identified as Family and Domestic Violence Leave on an employee’s payslip. Instead, use a more discreet description such as “Paid Leave.”
One of the questions I’m often asked is:
“How much information can I ask for?”
The legislation allows you to request evidence that would satisfy a reasonable person the employee needs the leave to deal with the impact of family and domestic violence.
That evidence might include:
Notice what’s important here.
You’re not asking someone to prove they’re experiencing domestic violence.
You’re simply confirming they needed time away from work to deal with its impact.
Often, a supportive conversation is far more valuable than asking unnecessary questions.
Your managers are often the first people employees will approach.
Make sure they understand:
Sometimes it’s not about having all the answers—it’s about knowing how to respond with empathy and where to refer someone for help.
This entitlement also created several practical payroll changes.
From 1 August 2023, every existing employee should have been allocated the full 10-day entitlement, with new employees receiving access from their first day of employment.
The entitlement refreshes on each employee’s work anniversary, not on the anniversary of the legislation, and unused leave doesn’t carry over into the next year.
It’s worth reviewing your payroll system to ensure these settings have been implemented correctly.
Meeting your legal obligations is important.
Creating a workplace where employees feel safe asking for help is even more important.
Simple initiatives can make a real difference, including:
You don’t need to have all the answers.
Sometimes knowing how to listen, respond appropriately and connect someone with the right support is enough.
The introduction of paid Family and Domestic Violence Leave was much more than another legislative change.
It recognised that workplaces have an important role to play in supporting employees through some of the most difficult experiences of their lives.
By understanding your obligations, protecting confidentiality and creating a supportive workplace culture, you can meet your compliance requirements while making a genuine difference to the wellbeing of your people.
Need help reviewing your leave policies, training your managers or ensuring your payroll systems are compliant? The Aster HR team is here to help.
