The New Rules for Paid Family and Domestic Violence Leave

Written by Elements Advisory Group
April 12, 2023
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business, DV Leave, employees, Family and Domestic Violence Leave, Paid Leave, payroll

From February 1st, 2023, employees of larger employers in Australia have a paid leave entitlement for Paid Family and Domestic Violence Leave (FDVL). Meanwhile, employees of small employers (fewer than 15 employees) will have access to the same leave from August 1st, 2023. 

This article will help you understand the eligibility criteria, proof requirements, and the importance of planning for increased payroll costs for the new FDVL entitlement.


Eligibility for Family and Domestic Violence Leave


The eligibility requirements for FDVL are as follows:

  • This applies to all employees, permanent and casual;
  • Leave is available as soon as an employee starts with an employer;
  • Employees must inform the employer as soon as possible about the need for FDVL and the expected length of leave; and
  • Close relatives include a spouse, partner, former partner, child, grandchild, parent, grandparent, or sibling; or the child, parent, grandparent, grandchild, or sibling of a current or former spouse or partner, as well as Torres Strait Islander and Aboriginal kinship relatives;

Proof Requirements

The employer can ask for evidence such as police, court, or support service documents or a statutory declaration, even if the leave period is less than a day.


Paid FDVL Entitlement

  • Employees can access ten days of paid leave in a 12-month period;
  • The full pay rate will apply as if the employee had worked as usual on the day of the leave; and
  • The leave does not roll over and accumulate.

The Importance of Planning for Increased Payroll Costs


Since the new leave provision applies from day one of employment for all employees, employers should plan for the potential cost of the leave. While it’s unlikely that all employees will take this leave, preparing for the possible cost means you won’t get caught out if you have to pay FDVL, particularly for casual workers.

The new entitlement rules for Paid Family and Domestic Violence Leave provide support and protection to employees dealing with domestic violence or abuse. Employers should educate themselves on the eligibility criteria and proof requirements, as well as plan for increased payroll costs to ensure they are prepared for the new entitlement. 

Book a time with us if you’d like to start planning for payroll changes. Email us at or call 07 3878 9181. 

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