Family and Domestic Violence Leave

Your Right to Paid Leave When You Need It Most

Family and domestic violence affects thousands of Australians every year. A staggering 3.8 million Australians aged 18 years and over have experienced violence from an intimate partner or family member since the age of 15. If you’re experiencing violent, threatening or abusive behaviour from a former or current intimate partner, an immediate family member, a household member, or someone related to you by Aboriginal and Torres Strait Islander kinship rules, you have the right to paid leave to help you stay safe and get support.

What is family and domestic violence?

Family and domestic violence is a serious issue in Australia. Tragically, on average, a woman is killed each week by a partner, ex-partner or family member.

Family and domestic violence is violent, threatening or abusive behaviour that seeks to coerce or control the person being subjected to it and causes them harm or fear.

Violence isn’t always physical. It can take many forms:

• Physical or sexual abuse
• Emotional or psychological abuse
• Social, cultural or spiritual abuse
• Financial control
• Coercive control
• Online harassment or abuse

All of these forms are serious, and all of them mean you deserve support.

Your Legal Right to Paid Leave

Union members won this right for you. After over a decade of campaigning by union members, all workers in Australia now have access to 10 days paid family and domestic violence leave each year.

This became law on 1 February 2023 and applies to:

• Full-time workers
• Part-time workers
• Casual workers (yes, casuals get this too!)

Plus: Since December 2023, it’s illegal for employers to discriminate against you because you’ve experienced family and domestic violence.

How You Can Use This Leave

Leaving a violent relationship costs an average of $18,000 and takes an average of 141 hours. This paid leave gives you time and money to deal with the impact of violence, for example:

• Move to safe accommodation
• Arrange safety measures for yourself or your family
• Attend court hearings
• Access police services
• Go to counselling sessions and medical appointments
• Meet with doctors, lawyers or financial advisors
• Access Centrelink and other support services

You decide how to use your leave based on what you need.

How the Leave Works

You get 10 days immediately

Unlike annual leave or sick leave, you don’t have to wait for it to build up. All 10 days are available as soon as you start work. Additionally, all employees get the full 10 days – including part time and casual employees. This means the leave is available to all employees in full, rather than on a pro rata basis like other leave.  

Important: Unused days don’t roll over to the next year — your leave resets to 10 days each 12 months.

You get paid your full rate

This leave is paid differently to other types of leave:

Full-time and part-time workers get paid their normal rate for the hours they would have worked.

Casual workers get paid the full casual rate (including casual loading) for rostered hours.

Everyone gets their full pay, including:

• Allowances
• Loadings
• Overtime rates
• Penalty rates

This is better than sick leave or annual leave, which only pay your base rate.

Giving Notice and Providing Evidence

Notice

We get it — when you’re dealing with violence, you can’t always plan ahead. Just let your employer know as soon as you can, even if that’s after you’ve already taken the leave.

Evidence

Your employer can ask for proof that you need the leave. You just need to show that:

• You’re dealing with the impacts of family and domestic violence, and
• It’s not practical to handle it outside work hours

You can provide (for example):

• A statutory declaration
• Documents from a family violence support service or GP
• Police documents
• Court documents

Your Privacy is Protected

Your employer must keep your information confidential. The law protects you in these ways:

• Family and domestic violence leave won’t appear on your payslip
• Your employer must keep any evidence or notice you provide confidential
• They can only use this information to confirm you’re entitled to the leave
• They can only share it with your consent, if required by law, or if necessary to protect someone’s safety
• Your employer cannot take adverse action against you for using this leave

Can I delete this page from my browser history?

Yes. If you don’t want someone to see you’ve looked at this page:

• Search “delete browser history” plus your browser name (Chrome, Safari, Firefox, Edge)
• Or use “private” or “incognito” mode when browsing – this doesn’t save your history

You Deserve Safety and Support

Experiencing family and domestic violence is never your fault. This leave exists because unions fought for your right to safety and dignity at work, and to ensure workers don’t have to choose between their safety and their income.

If you’re not in a union yet, consider joining. Unions continue to fight for better rights and protections for young workers like you.

Remember: You don’t have to face this alone. Support is available, and you have legal rights that protect you.

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