Australia’s paid family and domestic violence leave (FDV leave) is a National Employment Standard (NES) entitlement under the Fair Work Act 2009 — every employee (including casual employees) is entitled to 10 days of paid leave per year to deal with the impact of family or domestic violence, where it is impractical to do so outside of working hours. The 10-day entitlement replaced the previous 5-day unpaid entitlement on 1 February 2023. The leave is available to all employees, including casual employees, and is paid at the employee’s full rate of pay.

This guide covers the 10-day entitlement, eligibility, the evidence requirements, confidentiality protections, and the employer’s obligations.

Key takeaways

Every employee — including casual employees — is entitled to 10 days of paid family and domestic violence leave per year under s.106A Fair Work Act.
Leave is paid at the employee’s full rate of pay (including incentives, allowances, bonuses, commissions, and entitlements that are characterised as wages).
The leave can be taken to deal with the impact of family or domestic violence — including attending court, seeking medical treatment, relocating, or accessing support services.
The employer must not disclose the employee’s leave or any associated information to a third party (except as required by law).
Unused leave does not accumulate — the 10-day entitlement resets each 12-month period.

The NES entitlement

Section 106A of the Fair Work Act 2009 is the operative provision:

“An employee is entitled to paid family and domestic violence leave if the employee takes the leave to deal with the impact of family or domestic violence and it is impractical to do so outside of ordinary hours of work.”

Key elements:

Duration: 10 days per 12-month period
Payment: Full rate of pay (including all wage-type entitlements)
Availability: All employees, including casual employees
Purpose: To deal with the impact of family or domestic violence
Timing: Impractical to deal with outside working hours

What counts as family or domestic violence?

The Fair Work Act defines family or domestic violence as violent, threatening, or other abusive behaviour by a person towards an employee or their close relative that:

Seeks to coerce or control the employee, or
Causes the employee harm or fear

A close relative includes:

Spouse, de facto partner, child, parent, grandparent, grandchild, or sibling of the employee
A child, parent, grandparent, grandchild, or sibling of a spouse or de facto partner of the employee
A person related to the employee according to Aboriginal or Torres Strait Islander kinship rules

What can the leave be used for?

The leave can be used to:

Attend court — including for apprehended violence orders (AVOs), family law proceedings, or criminal proceedings
Seek medical treatment — for injuries or psychological harm
Relocate — including finding new accommodation or moving to safety
Access support services — including counselling, legal advice, or financial counselling
Arrange childcare or schooling — for children affected by the violence
Report the violence — to police or other authorities
Other purposes — any action to deal with the impact of family or domestic violence

The leave is not limited to specific activities — it is available for any action that deals with the impact of the violence, where it is impractical to do so outside working hours.

Evidence requirements

Under s.106B Fair Work Act, the employer can request evidence that would satisfy a reasonable person that the leave is needed. Acceptable evidence includes:

Document issued by the police service — a police report or statement
Document issued by a court — a court order or subpoena
Family violence support service document — a letter or certificate from a support service
Statutory declaration — the employee can provide a statutory declaration

The employer cannot require a specific form of evidence. The evidence must satisfy a reasonable person that the leave is needed.

Confidentiality protections

Section 106C Fair Work Act imposes strict confidentiality obligations:

The employer must not disclose the employee’s leave or any associated information to a third party
The employer must not require the employee to disclose information about the violence to anyone other than the employer
The employer must take reasonable steps to ensure that the information is kept confidential

The only exceptions are:

Disclosure required by law (e.g. court order)
Disclosure to a recognised representative of the employee (e.g. union delegate)
Disclosure necessary to ensure the employee’s safety

The confidentiality obligation is absolute — breach of confidentiality may constitute a contravention of the Fair Work Act.

Employer obligations

Six core duties apply to Australian family and domestic violence leave management:

Grant the leave — 10 days per 12-month period, to all employees including casuals
Pay full rate of pay — including all wage-type entitlements
Request evidence only where reasonable, and accept any reasonable form
Maintain confidentiality — do not disclose the leave or associated information
Record leave accurately in the leave management system
Do not discriminate — the employee must not be treated adversely for taking or requesting the leave

Common pitfalls

1. Not providing the leave to casual employees

The NES entitlement applies to all employees, including casual employees. Denying the leave to casuals is a breach.

2. Paying at the wrong rate

The leave is paid at the employee’s full rate of pay, including all wage-type entitlements. Paying at the base rate alone (excluding allowances, bonuses, or commissions) may be an underpayment.

3. Requiring specific evidence

The employer can request evidence, but cannot require a specific form. A statutory declaration, a police report, or a letter from a support service is sufficient.

4. Breaching confidentiality

Disclosing the employee’s leave or associated information to colleagues, managers, or third parties is a breach of s.106C. The employer must take reasonable steps to maintain confidentiality.

5. Treating the employee adversely

The employee must not be treated adversely for taking or requesting FDV leave. Adverse treatment includes dismissal, demotion, or unfavourable changes to duties or conditions.

For more Australian context, see our guide to Australian personal leave and Australian carer’s leave.

You can take advantage of the free 14 days trial and explore Leave Balance.

A leave management system that tracks family and domestic violence leave separately, maintains strict confidentiality, and processes the leave without exposing the employee’s situation keeps your team compliant and your employees safe.

Frequently asked questions

How many days of domestic violence leave do Australian employees get?

Every employee, including casual employees, is entitled to 10 days of paid family and domestic violence leave per year under the NES.

Is domestic violence leave paid?

Yes. The leave is paid at the employee’s full rate of pay, including all wage-type entitlements.

Can casual employees take domestic violence leave?

Yes. The NES entitlement applies to all employees, including casual employees. Casual employees receive the same 10-day paid entitlement.

What evidence can an employer request?

The employer can request evidence that would satisfy a reasonable person that the leave is needed. Acceptable evidence includes police reports, court orders, support service documents, or statutory declarations.

Can an employer disclose that an employee took domestic violence leave?

No. The employer must maintain strict confidentiality and must not disclose the leave or associated information to any third party, except as required by law.

Sources

Last updated: 26 July 2026. This article is general guidance, not legal advice. Family and domestic violence leave entitlements are set by the NES — confirm current terms with the Fair Work Ombudsman.

Australia Domestic Violence Leave: 10 Days Paid Leave (2026)