The National Employment Standards (NES) provides all employees in Australia with 10 days of paid family and domestic violence leave per year. This landmark entitlement recognises that domestic and family violence is a workplace issue — employees affected by violence need time and support to deal with its impacts. This template provides a comprehensive policy that goes beyond compliance to create a genuinely supportive workplace.
Key Takeaways
- All employees (full-time, part-time, and casual) are entitled to 10 days of paid family and domestic violence leave per year under the NES.
- Leave is available in advance (employees can access the full 10 days from their first day).
- The leave is paid at the employee’s full rate of pay (including incentive-based payments and bonuses).
- Confidentiality is paramount — employers must not disclose information about an employee’s leave except where required by law.
What This Template Covers
This template provides a complete domestic and family violence leave policy for Australian businesses. It covers the NES 10-day entitlement, eligibility, notification and evidence requirements, confidentiality obligations, safety planning, interaction with other leave types, and support resources. It is designed for businesses of all sizes and is aligned with the Fair Work Act 2009.
Domestic and Family Violence Leave Policy Template
1. Purpose
[Company Name] recognises that domestic and family violence is a serious issue that affects employees’ safety, wellbeing, and capacity to work. This policy outlines the paid family and domestic violence leave entitlement available to all employees under the National Employment Standards, and describes the support [Company Name] provides to employees affected by domestic or family violence.
2. Scope
This policy applies to all employees of [Company Name], including full-time, part-time, and casual employees, regardless of length of service.
3. Legal Framework
Under the National Employment Standards (Fair Work Act 2009, s. 106A–106K):
- All employees are entitled to 10 days of paid family and domestic violence leave per year.
- The entitlement is available in advance (employees can access the full 10 days from their first day of employment).
- Leave is paid at the employee’s full rate of pay (including incentive-based payments and bonuses, but excluding overtime, penalty rates, or allowances).
- Unused leave does not carry over to the next year — employees receive a fresh 10-day entitlement each year.
- Leave is available for all employees, including casual workers (at their full rate of pay).
4. Qualifying Conditions
Leave may be taken when an employee needs to do something to deal with the impact of family or domestic violence and it is impractical to do so outside their ordinary hours of work. Activities may include:
- Seeking a domestic violence order (e.g., intervention order, apprehended violence order)
- Attending court in relation to a domestic violence matter
- Relocating to a safe address
- Attending counselling or support services
- Accessing police or emergency services
- Arranging alternative care for children or dependants
- Any other activity necessary to ensure the employee’s safety or the safety of a family member
5. Definition of Family or Domestic Violence
“Family or domestic violence” means violent, threatening, or other behaviour by a person that:
- Is directed at a member of the employee’s family; or
- Causes the employee to reasonably fear for, or be concerned about, their own wellbeing or the wellbeing of a member of their family
“Member of the employee’s family” includes:
- Spouse or de facto partner
- Child, parent, grandparent, grandchild, or sibling
- A child, parent, grandparent, grandchild, or sibling of a spouse or de facto partner
- A person related to the employee according to Aboriginal or Torres Strait Islander kinship rules
6. Notification and Evidence
- Employees should notify their manager as soon as practicable when taking family and domestic violence leave.
- Evidence may be requested, but must be reasonable in the circumstances. Acceptable evidence includes:
- A document issued by the police service
- A document issued by a court
- A family violence intervention order or relevant court order
- A statutory declaration
- A document from a family violence support service, counsellor, or medical practitioner
- No evidence is required for the first day of leave. Evidence may be requested for subsequent days.
- Employees are not required to disclose the details of the violence or their safety plan.
7. Confidentiality
[Company Name] treats all information related to an employee’s family and domestic violence leave as strictly confidential. Specifically:
- Information will only be disclosed to directly involved personnel (e.g., HR, the employee’s manager) on a need-to-know basis.
- Information will not be recorded in personnel files beyond what is necessary for leave administration.
- Information will not be disclosed to other employees, clients, or external parties, except where required by law or where the employee consents.
- Employees may choose to discuss their situation with HR or a nominated family violence contact officer confidentially.
8. Safety Planning
[Company Name] will work with affected employees to develop a workplace safety plan where appropriate. This may include:
- Changing the employee’s work hours or location to avoid the person using violence
- Updating contact details and emergency contacts
- Screening phone calls and mail
- Implementing physical security measures (e.g., access restrictions, safe parking)
- Providing a safe point of contact at work
9. Interaction with Other Leave
- Family and domestic violence leave is separate from personal/carer’s leave, annual leave, and compassionate leave.
- Employees may use personal/carer’s leave for medical or counselling appointments related to family violence, in addition to family and domestic violence leave.
- Employees may also be eligible for unpaid family and domestic violence leave (2 days per occasion) under the NES in addition to the 10-day paid entitlement.
10. Support Resources
[Company Name] encourages employees affected by family or domestic violence to access support:
- 1800RESPECT: National Sexual Assault, Domestic Family Violence Counselling Service — 1800 737 732
- Lifeline: 13 11 14
- Employee Assistance Programme (EAP): [EAP Contact Details]
- HR Contact / Family Violence Contact Officer: [Name/Email]
Legal Requirements Summary
| Requirement | Detail |
|---|---|
| Legislation | Fair Work Act 2009, Part 2-2, Division 4B (NES) |
| Entitlement | 10 days paid family and domestic violence leave per year |
| Availability | In advance from day one of employment |
| Pay rate | Full rate of pay (including incentive payments and bonuses) |
| Carry-over | Does not carry over; fresh entitlement each year |
| Casual employees | Entitled to 10 days at full rate of pay |
| Evidence | Reasonable; not required for first day |
| Confidentiality | Strict; need-to-know basis only |
Customisation Tips
- Appoint a family violence contact officer. Designate a trained HR representative as the first point of contact for affected employees.
- Offer additional support. Beyond the NES entitlement, consider offering:
- Additional paid or unpaid leave
- Flexible working arrangements
- Financial assistance or emergency funds
- Referral to specialist support services
- Include cultural sensitivity. Aboriginal and Torres Strait Islander employees may have specific cultural considerations. Ensure your policy acknowledges this.
- Train managers. Managers may be the first to notice changes in an employee’s behaviour or performance. Provide training on recognising signs of family violence and responding appropriately.
Common Mistakes to Avoid
- Requiring excessive evidence. The NES allows employers to request reasonable evidence, but requiring detailed evidence of the violence itself is inappropriate and may re-traumatise the employee.
- Breaching confidentiality. Disclosing an employee’s family violence situation to other staff without consent is a serious breach of trust and may constitute unlawful conduct.
- Failing to provide safety planning. A supportive workplace response can be life-saving. Work with the employee to develop a safety plan.
- Confusing family violence leave with personal/carer’s leave. These are separate entitlements. Employees can access both.
- Not training managers. Managers need to understand the policy, their confidentiality obligations, and how to respond supportively.
Frequently Asked Questions
Can we require a police report for family and domestic violence leave?
No. While a police report is one form of acceptable evidence, it is not the only evidence you can accept. A statutory declaration, a letter from a support service, or a court order are all reasonable alternatives. Requiring a police report may discourage employees from accessing their entitlement.
Does the 10-day entitlement carry over?
No. Unused family and domestic violence leave does not carry over to the next year. Each year, the employee receives a fresh 10-day entitlement. This is different from personal/carer’s leave, which accumulates from year to year.
Can casual employees access family and domestic violence leave?
Yes. Under the NES, casual employees are entitled to 10 days of paid family and domestic violence leave per year, paid at their full rate of pay. This is one of the few paid leave entitlements available to casual employees.
leave emails? Track your employee's leave with Leave Balance
