Case study: Paid family and domestic violence leave

Ahmed is 34 years old. He is in a long-term relationship with another man.

Ahmed experiences violence at home, including emotional abuse from his partner. He is considering a break from work to try and leave the relationship. Ahmed finds out that all employees are entitled to take up to 10 paid days off every year if they are experiencing family and domestic violence under the Fair Work Act. Ahmed calls 1800RESPECT to ask for support. Molly, a Counsellor at 1800RESPECT, tells him it is great he is asking for help. Molly asks Ahmed some questions about his situation. She also discusses the paid family and domestic violence leave entitlement.

Molly tells him that any employee, can take these 10 days off to do something to deal with the impact of family and domestic violence where it is not practical to do so outside their work hours. This includes full-time, part-time and casual employees. The person must be experiencing family and domestic violence to receive this payment.

Ahmed can use these days off for things like:

• seeing a doctor or counsellor
• getting financial advice
• accessing police or legal services
• attending court
• finding a safe home.

Ahmed is anxious to tell his boss, Erik, because he has a same-gender partner. He asks Molly if he needs to show Erik proof of his experiences of violence. Molly tells him that employers don’t always need proof. However, employers can request evidence to show that the employee needs to do something to deal with the impact of family and domestic violence and it’s not practical to do it outside their work hours. Evidence can include:

• a statutory declaration from a doctor or a place that helps people needing support
• family violence support service documents
• documents issued by a police service
• documents issued by a court.

Molly tells Ahmed that Erik should be kind and understand his problem. Ahmed should only tell his work what he feels comfortable with. Molly also explains that the leave:

• can be taken anytime throughout the year, in single or multiple day periods or in periods of less than one day, if Ahmed’s employer agrees
• can’t be listed as paid family and domestic violence leave on his pay slip or include any domestic violence leave Ahmed has taken on his leave balance.

Molly reminds Ahmed that he (and Erik) can find detailed information about paid family and domestic violence leave on the Fair Work Ombudsman website. Ahmed can also get more information from his Human Resources team at his workplace if he feels comfortable.

Molly uses the 1800RESPECT Service Directory and finds some organisations near Ahmed that can help him, including LGBTQIA+ services. She asks if she can send him the details. Molly also asks if she could save his information in a confidential file. If Ahmed calls in again, he wouldn’t need to retell his story. Molly ends the call, thanking Ahmed.

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1800RESPECT is the national domestic, family, and sexual violence counselling, information and support service. If you or someone you know is experiencing violence or abuse, you can call 1800RESPECT on 1800 737 732, text 0458 737 732 or visit our website for online chat and video call services:

• Available 24/7: Call, text or online chat
• Mon-Fri, 9am-5pm AEST (except national public holidays): Video call (no appointment needed)