Employees in the WA state industrial relations system are entitled to:
- 10 days’ paid family and domestic violence leave under the national Fair Work Act 2009; and
- 5 days’ unpaid family and domestic violence leave.
Employees may have further entitlements to family and domestic violence leave under workplace policies or industrial agreements.
Paid family and domestic violence leave
Show moreThis is general information on paid family and domestic violence leave (FDV leave) based on the National Employment Standards (NES) minimum entitlements in the national Fair Work Act 2009.
These FDV leave provisions have applied to employers and employees in the state industrial relations system since 9 September 2024.
State system employers and employees should note that the FDV leave, parental leave, and notice of termination NES entitlements are the only ones that apply to state system employees. Other minimum leave entitlements for state system employees come from the state Minimum Conditions of Employment Act 1993, the state Long Service Leave Act 1958 and provisions in WA awards.
Under the FDV leave NES entitlement, all full time, part time and casual employees are entitled to 10 days of paid family and domestic violence leave in each 12 month period.
For the purposes of paid family and domestic violence leave, family and domestic violence means violent, threatening or other abusive behaviour by certain individuals known to an employee that both:
- seeks to coerce or control the employee
- causes them harm or fear.
Visit the Fair Work Ombudsman website for details on paid FDV leave obligations under the national NES including information on:
- the entitlement
- what family and domestic violence leave can be used for
- notice and evidence requirements
- confidentiality.
The Family and domestic violence paid leave for small business website also provides information and resources for employers on the paid FDV leave obligations.
Unpaid family and domestic violence leave
Show moreIn addition, there is also an unpaid family and domestic violence leave (unpaid FDV leave) minimum entitlement for state system employees. This comes from the state Minimum Conditions of Employment Act 1993 (MCE Act).
For the purposes of unpaid FDV leave, family and domestic violence means:
- violence, or a threat of violence, by a person towards a family member of the person; or
- any other behaviour by the person that coerces or controls the family member or causes the member to be fearful.
The entitlement
All employees in the WA state industrial relations system, including casual employees, have an entitlement to 5 days of unpaid FDV leave.
An employee is able to take unpaid FDV leave if:
- the employee is experiencing family and domestic violence; and
- the employee needs to do something to deal with the impact of the family and domestic violence; and
- it is impractical for the employee to do that thing outside the employee’s ordinary hours of work.
This leave:
- is available in full to part time and casual employees;
- is available in full at the start of each 12 month period of the employee’s employment; and
- does not accumulate from year to year.
Taking unpaid FDV leave
An employee can take unpaid FDV leave as:
- a single continuous 5 day period; or
- separate periods of one or more days each; or
- any separate periods to which the employee and the employer agree, including periods of less than one day.
Nothing prevents the employee and the employer agreeing that the employee may take more than 5 days of unpaid leave to deal with the impact of family and domestic violence.
If required by the employer, an employee who claims to be entitled to unpaid FDV leave needs to provide evidence that would satisfy a reasonable person of the entitlement. This could be a document issued by:
- a police service;
- a court or family violence support service;
- a medical practitioner;
- a legal service;
- a counsellor;
- a refuge service; or
- a financial institution.
It could also be a statutory declaration.
Confidentiality
Employers need to take steps to ensure information concerning any notice or evidence an employee has given of the employee taking unpaid FDV leave is treated confidentially, as far as it is reasonably practicable to do so.
Nothing prevents an employer from disclosing information provided by an employee if the disclosure is required by a written law or is necessary to protect the life, health or safety of the employee or another person.
