Paid FDV Leave 'operating as intended,' review finds

Flinders University has released a comprehensive review confirming that the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 is functioning as intended, providing essential support for employees facing family and domestic violence (FDV).

The report, tabled in Canberra, assessed the impact of the FDV leave entitlement since its implementation in February 2023, which grants employees under the Fair Work Act 2009 a total of 10 days of paid leave.

"The review considers that the paid FDV leave entitlement is operating as intended," the report stated.

"Victim-survivors who have used the entitlement largely find it effective in enabling them to take steps to ensure their safety without jeopardising their income or employment, in line with the policy intent."

The review, led by experts from Flinders University, revealed that 91% of respondents who utilised the leave indicated it helped them maintain their income, while 89% reported it assisted them in retaining their jobs.

"The independent review was informed by consultation with key stakeholders including employers and their representatives, employees and their representatives, frontline FDV services, and academic experts," said Dr. Marinella Marmo, Professor in Law and Criminology at Flinders University, in a statement.

Challenges on FDV leave implementation

Despite the positive outcomes, the review stressed that not enough time has passed to fully understand the operation and impacts of the leave entitlement.

"For example, while the financial and other costs of implementing and administering paid FDV leave, and managing compliance in particular, remain a concern for small business, the extent of these costs are not yet clear," the report stated.

The low utilisation of paid FDV leave may also contribute to uncertainty regarding operational costs and implications, according to the findings.

"The Review nonetheless considers it likely that low awareness, including uncertainty about evidentiary and other requirements, is contributing to underutilisation of FDV leave," it noted.

"Employee concerns about their privacy and confidentiality, as well as the social stigma that might be associated with disclosing FDV in the workplace, are also likely to play a significant role."

Recommendations from the report

Meanwhile, the report outlined five key recommendations to encourage the expanded adoption of FDV leave in the community.

The recommendations include:

• Ongoing evaluation and stakeholder consultation [are] needed to develop the evidence base on paid FDV leave.
• Existing resources should be improved and promoted, with a particular focus on small businesses and resources that speak to employees.
• Harness the intelligence and advocacy of unions, employer representatives and small business peak bodies to continue training and awareness-raising initiatives and report back to [the] Government on progress and emerging barriers.
• Any response by the Government to enhance resources should tap into existing distribution networks and focus on priority groups of employees.
• Initiatives to improve awareness of and access to paid FDV leave must be integrated with broader community efforts to address FDV and gender inequality.