The new 10 day paid family and domestic violence leave (FDV Leave) is now available for Western Australian employees under the state industrial relations system. This means that full-time, part-time, and casual employees are eligible to take the new 10-day paid leave entitlement.

Employees can take FDV Leave if:

  • They are experiencing family and domestic violence, and
  • They need to do something to deal with the impact of the family and domestic violence, and
  • It is impractical for them to do that thing outside the employee’s ordinary hours of work.

The 10 day paid leave entitlement adds to the minimum of five days of unpaid FDV leave that is already available to all employees in the state relations system.

The new entitlement comes from the National Employment Standards minimum entitlements in the federal Fair Work Act 2009.

What is family and domestic violence?

Family and domestic violence refers to violent, threatening, or other abusive behaviour by certain individuals known to an employee that seeks to:

  • Coerce or control the employee, and
  • Cause 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, or
  • A current or former intimate partner of an employee.

How can employers effectively manage FDV Leave?

According to the Statistics Bureau in 2023, one in five women in Australia has experienced domestic violence, which is equivalent to an estimated 4.2 million Australian adults. This only emphasises the need for employers to go beyond simply having “words on paper” to boost the uptake of FDV leave in workplaces.

To effectively address this issue, employers must create a supportive and inclusive workplace environment. This includes implementing clear and accessible policies, providing comprehensive training for employees on domestic violence, and fostering a culture of confidentiality and empathy.

Employers are responsible for making sure that information about an employee taking unpaid FDV leave is treated confidentially. However, nothing prevents an employer from disclosing information provided by an employee if the disclosure is required by a written law or is necessary to protect the life, health or safety of the employee or another person.

Individuals affected by sexual assault, domestic or family violence can call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au.

If you need assistance implementing FDV Leave policies and procedures, or educating your workforce on this complex issue, get in touch with our team.

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