Every employee in Australia's national system, including casuals, can take 10 days of paid family and domestic violence leave each year. The full 10 days are available from the first day of work, don't build up over time, and reset on your work anniversary. It's paid at your full rate for the hours you'd have worked.
If you need support right now, 1800RESPECT is the national counselling, information and support service on 1800 737 732. This guide explains the workplace entitlement, using the Fair Work Ombudsman's own pages, and then covers Ontario's version of the leave for Canadian readers.
Who can take it
The leave comes from the National Employment Standards, so it's a minimum that applies to full-time, part-time and casual employees alike. You must be experiencing family and domestic violence. Fair Work defines that as violent, threatening or other abusive behaviour by someone known to you that seeks to coerce or control you, or causes harm or fear. The person can be:
- A close relative.
- A member of your household.
- A current or former intimate partner.
If your award, agreement, contract or workplace policy gives less than 10 days, you still get 10. Fair Work's example: Jo's employer policy offers 2 paid days, but the national standard gives Jo 10.
How the 10 days work
| Question | Answer from Fair Work |
|---|---|
| When is it available? | In full from day one; no accrual |
| Does it roll over? | No. It resets to 10 days on your work anniversary |
| Must it be taken all at once? | No. Single days or several, and less than a day if you agree |
| Does it break service? | No. It counts as service for annual leave and personal leave |
| Does it count toward overtime? | Yes, as hours worked that week |
| Can it interrupt other leave? | Yes. You can switch from annual or sick leave to this leave |
Fair Work's example: Pooja starts on 30 March, takes 2 days in June and another the next week, leaving 7. On 30 March the following year she's back to 10. The unused 7 don't carry over.
What you're paid
Full-time and part-time employees get their full pay rate for the hours they would have worked. Casuals get their full pay rate for the hours they were rostered. 'Full pay rate' means base pay plus loadings, penalty rates, allowances and other amounts you'd have received. For a casual, that includes the casual loading; Fair Work's example of Demi, rostered 25 ordinary hours, says she's paid her base rate plus 25% casual loading for those hours.
Notice and evidence
- Tell your employer as soon as possible that you're taking the leave. That can be after it starts.
- Say how long you expect it to last.
- If asked, give evidence that would satisfy a reasonable person: a statutory declaration, police documents, court documents or family violence support service documents.
- Evidence can be requested even for a day or less off.
If you don't provide evidence that was requested, the leave may not be paid. That's the main practical risk, so keep copies of court dates or police reports where it's safe to do so.
Confidentiality and payslips
Employers must take reasonable steps to keep your notice and evidence confidential. They can only use it to confirm you're entitled, unless you consent, the law requires it, or it's needed to protect someone's life, health or safety. They can't use it to take adverse action against you. There are also rules about what mustn't appear on your payslip, designed to reduce the risk of someone at home seeing it. Experiencing family and domestic violence is a protected attribute, so you're protected from adverse action, including as a future employee.
The old entitlement of 5 days unpaid leave no longer exists; it was replaced by this paid leave. You can also ask for flexible working arrangements alongside it. Our guide to carer's leave covers the separate personal leave entitlement, and the National Employment Standards guide lists the rest.
For employers, a short checklist covers most of it: pay the full rate for rostered or usual hours, ask only for evidence you need, keep it confidential, and check what your payroll system prints on the payslip before the first pay run after the leave.
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Ontario: domestic or sexual violence leave
Ontario's Employment Standards Act has its own version, and it works differently:
| Australia (Fair Work) | Ontario (ESA) | |
|---|---|---|
| Who qualifies | All national system employees from day one | Employees with at least 13 consecutive weeks of employment |
| How much | 10 paid days a year | Up to 10 days and up to 15 weeks in a calendar year |
| Paid? | All 10 days paid | First 5 days in a calendar year paid, the rest unpaid |
| Resets | On your work anniversary | Each calendar year, no carry-over |
| Covers a child? | Not a separate category | Yes, if your child under 18 experienced or was threatened with violence |
In Ontario the leave must be for set purposes: medical attention, victim services, counselling, legal or police help, or moving temporarily or permanently. If you take part of a day, the employer can count it as a full day of the 10. Someone who committed the violence isn't entitled to the leave.
The verdict
If you're in Australia, the 10 days are yours from your first shift, and a casual is paid for rostered hours just like anyone else. Tell your employer, keep at least one piece of evidence, and don't let a stingy policy talk you down: the national standard wins. Employers, the two things to get right are pay at the full rate and keeping it off the payslip.
Working in Ontario and need time off for illness too? Take a look at my guide to sick leave in Ontario.
Frequently asked questions
How many days of family and domestic violence leave do you get?
In Australia, 10 days of paid leave each year for full-time, part-time and casual employees, available in full from day one.
Do casuals get paid family and domestic violence leave?
Yes. Casuals are paid their full pay rate, including casual loading, for the hours they were rostered to work.
What evidence can an employer ask for?
Evidence that would satisfy a reasonable person, such as a statutory declaration, police or court documents, or family violence support service documents.
Does family and domestic violence leave roll over?
No. It resets to 10 days on your work anniversary and unused days don't carry over.
