Domestic and family violence leave is a statutory or policy-based entitlement that provides employees with paid time off to deal with the effects of domestic or family violence. It enables employees to take leave to attend court, seek medical treatment, access counselling, find safe housing or take other steps to protect themselves and their children. Australia leads the world with 10 days of paid domestic violence leave under the National Employment Standards, while other jurisdictions are gradually introducing similar protections.
Key Takeaways
- Australian employees are entitled to 10 days of paid domestic and family violence leave per year under the National Employment Standards
- In the UK, there is no specific statutory domestic violence leave, but time off may be available under personal leave or reasonable adjustments
- Domestic violence leave is available regardless of employment type and does not require the employee to provide evidence of police involvement
What Is Domestic and Family Violence Leave?
Domestic and family violence leave is a workplace entitlement designed to support employees who are experiencing or have experienced domestic or family violence. This includes physical abuse, emotional abuse, financial abuse, stalking, coercive control and any other form of violence perpetrated by a family member, partner or household member.
The purpose of domestic violence leave is to recognise that leaving an abusive situation or dealing with its aftermath requires time and practical steps. Employees may need to attend court to obtain a protection order, meet with police, find safe accommodation, arrange childcare, seek medical treatment for injuries, or attend counselling sessions. Without paid leave, many employees are forced to choose between their safety and their income.
The leave is available to employees regardless of whether they are the direct victim or are supporting a child or dependent who is affected. It is typically separate from other leave entitlements such as personal leave or compassionate leave, meaning employees do not need to exhaust their sick leave balance before accessing it. The key distinction is that domestic violence leave is specifically designed for situations where the employee’s safety or wellbeing is at immediate risk.
Who Is Eligible for Domestic Violence Leave?
Australia
Under the Fair Work Act 2009, all employees — including full-time, part-time and casual workers — are entitled to 10 days of paid domestic and family violence leave per year. This is part of the National Employment Standards and cannot be reduced by enterprise agreements or employment contracts. The leave is available to employees who need to deal with the impact of family or domestic violence, including situations where a close relative or member of the same household is affected. Employees do not need to provide evidence of police reports or court proceedings to access the leave.
United Kingdom
There is no specific statutory domestic violence leave in the UK. However, employees may access time off through existing entitlements such as the right to unpaid time off for dependant emergencies under the Employment Rights Act 1996. Some employers offer paid domestic violence leave as part of their HR policies. Additionally, the Equality Act 2010 may require employers to make reasonable adjustments for employees affected by domestic violence, particularly where it constitutes a disability under the Act.
United States
There is no federal statutory right to domestic violence leave. However, several states and cities have enacted legislation providing leave for victims of domestic violence, including California, New York, New Jersey and Washington. In California, employees can take time off for activities related to domestic violence, such as obtaining a restraining order, attending court, or seeking medical treatment. The FMLA may also apply in cases where domestic violence results in a serious health condition.
Domestic Violence Leave Entitlements by Country
| Country | Entitlement | Pay | Key Detail |
|---|---|---|---|
| AU | 10 days per year | Paid at full rate | Applies to all employees including casual |
| UK | No specific statutory leave | Unpaid dependant emergency leave available | Some employers offer paid DV leave |
| US (California) | Reasonable time off | Paid | Covers obtaining restraining orders, court appearances |
How to Request Domestic Violence Leave
- Inform your employer — notify your manager or HR that you need to take domestic violence leave. You are not required to provide graphic details of the abuse.
- Request the leave you need — specify the number of days required. In Australia, you can take single days or blocks as needed.
- Provide reasonable evidence if requested — in Australia, employers may request evidence such as a police report, court order, medical certificate or statutory declaration, though they cannot require evidence if it would put the employee at risk.
- Use the leave for its intended purpose — the leave can be used for attending court, seeking medical treatment, finding safe housing, counselling, or any other activity related to dealing with the violence.
- Access support services — employers should provide information about available support services, such as domestic violence helplines or employee assistance programmes.
Employer Obligations for Domestic Violence Leave
- Grant the leave — employers must provide domestic violence leave in accordance with the applicable legislation or company policy
- Maintain confidentiality — information about an employee’s domestic violence situation must be treated as confidential and shared only on a need-to-know basis
- Do not discriminate — employees who take domestic violence leave must not face adverse treatment, demotion or termination
- Provide support — employers should signpost employees to support services and consider reasonable adjustments such as changes to work patterns or location
- Train managers — line managers should be trained to handle domestic violence leave requests with sensitivity and without judgment
Common Mistakes
- Requiring employees to provide police reports or court documents before granting initial leave
- Treating domestic violence leave as part of the employee’s sick leave or annual leave balance
- Disclosing an employee’s domestic violence situation to colleagues or other parties
- Failing to consider safety measures such as changes to shift patterns, work location or contact details
- Applying absence management triggers to domestic violence leave absences
FAQ
What is domestic violence leave?
Domestic violence leave is paid time off for employees affected by domestic or family violence. It enables them to take steps to protect their safety, including attending court, seeking medical treatment, finding safe housing or accessing counselling.
Is domestic violence leave paid?
In Australia, domestic and family violence leave is paid at the employee’s full rate for up to 10 days per year. In the UK and many US states, it depends on the employer’s policy or state legislation. California provides paid leave for domestic violence-related activities.
Do I need to prove I am a victim of domestic violence?
In Australia, employers can request reasonable evidence such as a statutory declaration or police report, but they cannot require evidence that would put the employee at risk. Employees are not required to disclose details of the violence to access the leave.
Can casual employees take domestic violence leave?
In Australia, casual employees are entitled to two days of unpaid domestic and family violence leave per occasion. Full-time and part-time employees receive 10 days of paid leave per year. In other jurisdictions, eligibility varies by employment type.
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