Family and Domestic Violence Leave

Family and domestic violence leave is an essential workplace right that gives employees paid time away from work to deal with difficult and unsafe situations. This entitlement exists because of the SDA and the union movement, who pushed to make sure workers have the support and protection they need when facing family and domestic violence.

The SDA Union is here to help support our members in the workplace, if you would like to speak to someone about roster issues, leave access or any other impacts Family and Domestic Violence is having on you in your workplace, you can contact us here.

If you need urgent professional assistance contact 1800RESPECT.

All employees are entitled to 10 days of paid family and domestic violence leave each year. This applies to full-time, part-time and casual workers.

This entitlement comes from the National Employment Standards (NES) and is a minimum paid leave right, like annual leave or paid sick and carer’s leave.

Family and domestic violence means violent, threatening or other abusive behaviour by certain individuals known to an employee that both:

• seeks to coerce or control the employee
• causes them harm or fear

To access paid family and domestic violence leave, the individual known to the employee could be:

• an employee’s close relative
• a member of an employee’s household, or
• a current or former intimate partner of an employee

A close relative is:

• an employee’s:
  • spouse or former spouse
  • de facto partner or former de facto partner
  • child
  • parent
  • grandparent
  • grandchild
  • sibling
• an employee’s current or former spouse or de facto partner’s child, parent, grandparent, grandchild or sibling, or
• a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules

Your 10 days of paid leave is available in full immediately and resets on your work anniversary. It does not roll over from year to year.

This leave is separate from other entitlements such as annual leave or paid sick and carer’s leave.

Agreements and Extra Conditions

Employees should check your enterprise agreement or award to see if your employer provides extra entitlements or conditions for dealing with family and domestic violence.

Eligible employees still get 10 days of paid family and domestic violence leave even if their agreement provides less, because the NES always applies as the minimum standard.

This includes both enterprise bargaining agreements and industry awards.

If you or someone you know is experiencing or at risk of domestic, family or sexual violence, help is available. 1800RESPECT is the national domestic, family and sexual violence counselling, information and support service.

Call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au for confidential advice and support.

You can also find more resources here.

1. Speak with your employer

If you’re experiencing family or domestic violence and need time off, talk to your employer as soon as possible. You don’t have to provide detailed personal information at this point, just let them know you need to access paid family and domestic violence leave.

The SDA can help you prepare for this conversation, explain your rights, and support you if you run into any issues with your employer.

2. Understand your entitlement

All employees including full-time, part-time and casual, have a right to 10 days of paid family and domestic violence leave per year. This leave is immediately available, resets on your work anniversary, and is separate from other leave types such as annual or sick leave.

If you’re covered by an enterprise agreement or award, check if there are extra entitlements or processes for taking leave. The SDA can help review your agreement to ensure you’re getting your full rights.

3. Prepare Any Required Documentation

While you’re not required to disclose details of the violence, your employer may ask for evidence that the leave is required. Types of evidence can include:

• a statutory declaration
• documents issued by the police service
• documents issued by a court, or
• family violence support service documents

The SDA can advise you on what’s reasonable and how to protect your privacy.

4. Access support services

Alongside workplace support, remember that 1800RESPECT provides confidential, 24/7 help for anyone experiencing or at risk of domestic, family or sexual violence.

• Call 1800 737 732 or visit 1800RESPECT.org.au.

5. Lodge your leave

Once you’ve spoken with your employer and prepared any necessary documents, request your leave formally following your workplace policy.

Remember, the SDA are to help you every step along the way. If you have any questions or need help with the process of applying for leave, contact us here.