Employers have obligations in relation to family and domestic violence (FDV), which are designed to support employees who are either experiencing FDV or helping a family or household member who is experiencing FDV.

These obligations arise from the Fair Work Act 2009 (Cth) (FW Act). They may also arise from industrial instruments that apply to the employer.

The FW Act defines FDV as violent, threatening or abusive behaviour that seeks to coerce or control a person, and causes them harm or fear, which is perpetrated by a close relative, a member of the person’s household, or the person’s current or former intimate partner.

Employers are obligated to support employees experiencing FDV in four ways:

#1 Giving the employee paid leave

From commencing work with an employer, an employee (permanent or casual) can take up to 10 days of paid FDV leave a year. FDV leave doesn’t accrue or accumulate if not taken each year. However, on the anniversary of the employee’s commencement, the FDV paid leave entitlement resets to 10 days.

A condition for taking this leave is that the employee requires it to do something to deal with the impact of the violence, which they cannot practically do outside their working hours. Examples include arranging for the safety of the employee or a close relative (including relocation), attending court hearings or consulting a lawyer.

The FW Act entitlement to paid FDV leave requires the employee taking it to notify the employer of the taking of the leave as soon as practicable. This may be after the leave has started.

The employee doesn’t have to provide evidence that they are taking the leave for the permitted purpose, unless the employer makes a reasonable request for evidence.

#2 Not unreasonably refusing a request for a flexible work arrangement

An employee experiencing FDV can request the employer (unless it is a small business employer) to change their working hours, work patterns or work location so they can deal with the impact of the violence. When the employer receives such a request, it needs to give it genuine consideration and discuss it with the employee. It can refuse the request on reasonable business grounds, but the Fair Work Commission has powers to arbitrate any dispute over the refusal of the request.

An employee can also request a flexible work arrangement so they can provide care or support to a member of their immediate family or household who is experiencing FDV.

#3 Keeping information disclosed to you about FDV confidential

The FW Act obligates the employer to take steps to ensure that information given by an employee in support of taking FDV leave is treated confidentially, as far as it is reasonably practicable. When an employee takes paid FDV leave, the employer must ensure this isn’t disclosed on pay slips.

You should implement policies andCa practices that maintain employee confidentiality, while also allowing for escalation of concerns of FDV to senior management. In some cases, there will be obligations to report the abuse to the authorities. For example, in Victoria a disclosure is required where an adult has a reasonable belief that a sexual offence has been committed against a child aged under 16.

#4 Not subjecting the employee to adverse action because of their experience

An employee cannot be dismissed or subjected to adverse action because they have been subject to FDV. Adverse action is broad and includes any conduct that reduces the advantages an employee receives or expects to receive in their employment, such as loss of benefits, change of employment conditions and dismissal.

Get on top of your obligations

You can find a more in-depth look at your obligations and how to manage them in the Employment Law Handbook chapter, Family and domestic violence. The chapter includes a template Family and Domestic Violence Support Policy.