New 10-day FDV leave takes effect

New entitlement adds to minimum of five days of unpaid FDV leave in state

BY Dexter Tilo 10 Sep 2024

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.

The WA government, citing national provisions, said full-time, part-time, and casual employees are eligible to take the new 10-day paid leave entitlement.

According to the government, employees may avail themselves of this 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.

Family and domestic violence

According to the WA government, 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
Cause them harm or fear.

One in five women in Australia has experienced domestic violence, according to the Statistics Bureau in 2023. This is equivalent to an estimated 4.2 million Australian adults.

Troy Plummer, AU head of legal at Irwell Law, previously urged employers to "go beyond simply having words on paper" to boost the uptake of FDV leave in workplaces.

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

Employers are responsible for making sure that information about an employee taking unpaid FDV leave is treated confidentially, according to the WA government.

"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," the government said.

To help protect individuals affected by sexual assault, domestic or family violence, individuals can: