Update to Family and Domestic Violence Leave

Family and Domestic Violence Leave

Domestic violence is never an easy topic to handle and it is a nationwide issue. The goal of this leave is to ensure that anyone who suffers from domestic violence is able to take some paid leave. The current family and domestic violence leave is 5 days and the latest amendment to the Bill introduced by the Australian Federal Government increases the family and domestic violence leave to 10 days.


This bill was a direct consequence of the Fair Work Commission decision that seeks to provide this benefit. The idea is for this benefit to be extended to any employment status. Be it under a Modern Award or not under those specific terms.


This is set to start from the 1st of February 2023 for large business ventures and from the 1st of August 2023 for small business ventures. In case anyone wants to know the difference, any company with less than 15 employees is a small business.


There is a maximum of 10 days that can be granted to someone for domestic violence leave. This needs consideration and given the nature of the leave, it is important to establish the situation properly.


What is the definition of family and domestic violence?

Is it very important to define what the law considers family violence and domestic violence. This is defined specifically as “violent, threatening or other abusive behaviour by a close relative of an employee that seeks to coerce or control the employee or causes the employee harm or to be fearful”.


There is the likelihood that employers will ask employees for evidence regarding the situation. If no evidence can be presented the employee could end up being ineligible for the paid leave to take place.



Any type of domestic violence situation is always going to be crucial to consider. Giving employees a domestic violence leave is extremely important and useful to ensure their safety and their recovery.


It is likely that there will be updates to this leave, but this is definitely a good start.