Paid family and domestic violence leave for SMEs: What employers need to know

From 1 August 2023, all employees, including those working for SMEs with fewer than 15 employees, are entitled to 10 days of paid family and domestic violence leave per year under the Fair Work Act 2009.

This leave allows employees who experience FDV to take time off to manage its impact—such as attending court hearings, accessing police services, visiting medical or counselling appointments, or securing their safety—without worrying about losing income or their job. 

As an HR software provider, we understand that managing entitlements can be challenging for SMEs. Our software helps streamline compliance by tracking leave balances, managing confidential requests safely, and updating pay systems to reflect these obligations accurately. 

What is family and domestic violence and who is eligible

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 

• A current or former intimate partner of an employee. 

How FDV leave works

All employees—including full-time, part-time, and casual—are entitled to 10 days of paid family and domestic violence leave each year. This leave is available from the first day of employment and resets on the employee’s work anniversary.

FDV leave is paid at the employee’s full rate of pay, including loadings, allowances, overtime, and penalty rates, as required under the Fair Work Act. It can be taken flexibly, either as full days, part days, or multiple days, depending on the employee’s needs. 

Employees must be experiencing family and domestic violence to be eligible to take paid family and domestic violence leave. The entitlement comes from the National Employment Standards (NES) and is a paid minimum leave entitlement, like annual leave or paid sick and carer’s leave. 

Having paid domestic violence leave benefits businesses, reducing absenteeism, improving employee wellbeing and retention. 

Evidence and notice requirements 

Employees must notify their employer as soon as possible, and employers may request reasonable evidence (e.g. police reports, court documents, statutory declarations). These matters should be handled sensitively and confidentially, and any evidence should be stored securely and not shared or recorded in shared systems. 

Protection from discrimination, and employee privacy

Employees are protected from adverse action because they’re experiencing (or have experienced) family and domestic violence. This is because experiencing family and domestic violence is a ‘protected attribute’.

Examples of adverse action can include: 

• Dismissal

• Changing an employee’s job to their disadvantage 

• Being treated differently to other employees. 

To protect employee privacy, employers must not record FDV leave on payslips. Instead, it should appear as ordinary hours worked or another kind of payment, unless the employee specifically requests it be shown as leave. This helps prevent perpetrators from identifying leave usage and protects employee safety. 

FDV leave compliance checklist for employers 

✔ Provide 10 days of paid FDV leave 

 Available to all employees (full-time, part-time, casual) from day one. 

✔ Make leave available upfront 

 Leave resets on each employee’s work anniversary and does not accumulate. 

✔ Handle requests confidentially 

 Store evidence securely and avoid shared systems or casual disclosure. 

✔ Do not show FDV leave on payslips 

 Record as ordinary hours or another payment type unless the employee requests otherwise. 

✔ Avoid adverse action 

 Do not dismiss, demote, or treat employees differently due to FDV—it's a protected attribute. 

✔ Train managers and update policies 

 Ensure staff know how to respond sensitively and in line with legal obligations. 

✔ Use HR software to track and report 

 Automate leave management, protect privacy, and stay compliant. 

Non-compliance with FDV leave obligations

Under the Fair Work Act 2009, failure to provide the full 10-day paid FDV leave entitlement, mishandling confidential requests, or disclosing leave details on payslips may constitute a breach of the National Employment Standards. Such breaches can trigger civil remedy provisions, allowing affected employees to seek compensation or court orders.  

Employers may also face monetary penalties, particularly if adverse action is taken against an employee because they are experiencing FDV—a protected attribute under the Act. As an employer, you should review your business policies, train managers on how to handle FDV leave requests sensitively and confidentially and use HR technology to simplify monitoring and reporting. 

Need help managing paid family and domestic violence leave?

Providing family and domestic violence leave creates a safer workplace, helps retain valued employees during difficult times, and boosts overall wellbeing and productivity. 

Our HR solutions empower SMEs to confidently meet legal obligations with compassion, ensuring your business supports employees through personal challenges while maintaining full compliance.

BrightHR offers a free, confidential 24/7 employment relations phone line for expert support. 

Book your free, no-obligation product demo or call us on 1300 029 198.