Paid family and domestic violence leave

18 January 2023

In 2023 the Fair Work Act 2009 will be amended to replace the current entitlement in the National Employment Standards of five days of unpaid family and domestic violence leave in a 12-month period with an entitlement to ten days of paid leave for full-time, part-time and casual employees.

For non-small business practice employers, the new provisions will come into effect on 1 February 2023. For small business practice employers (employers with less than 15 employees) this leave will become effective from 1 August 2023. Employees will continue to be entitled to five days of unpaid family and domestic violence leave up until these dates.

Family and domestic violence leave:

This leave can be taken if the employee needs to deal with the impact of family and domestic violence and it’s not practical for them to do so during their work hours.

Family and domestic violence means violent, threatening or other abusive behaviour by an employee’s close relative which includes:

Family and domestic violence takes many forms.  Examples can include:

If you have staff who are facing family and domestic violence, confidential information counselling and support for them is available at the 1800 RESPECT website. This is the national sexual assault, domestic and family violence counselling service.

AMA Victoria’s Workplace Relations Team can assist members with general queries about employee entitlements and what your obligations are as an employer. You can contact us via phone (03) 9280 8722 or email

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