Navigating Domestic and Family Violence Leave in Queensland: What Employers and Employees Need to Know

Domestic and family violence is a confronting reality that affects thousands of Australians each year — and it doesn’t stop at the front door of a workplace. To support those affected, both Queensland and national laws provide paid leave entitlements for employees experiencing domestic or family violence.

At Omnia Legal, we regularly support both individuals and businesses in understanding their rights and obligations when it comes to workplace protections. Here’s what you need to know about navigating domestic and family violence leave (DFV leave) in Queensland.

What Is Domestic and Family Violence Leave?

Domestic and family violence leave is a specific type of leave available to employees who are experiencing violent, threatening, or abusive behaviour by a close relative, household member, or intimate partner. This leave is designed to provide time off work to attend to matters such as:

• Seeking medical or psychological support

• Attending court hearings

• Obtaining legal advice

• Organising new housing arrangements

• Ensuring personal or family safety

Entitlements Under Queensland and Federal Law

In Queensland, DFV leave is governed by both state and federal legislation:

1. Queensland Industrial Relations Act 2016

• Applies to employees under the Queensland state industrial relations system (e.g. local government, state public sector).

• Provides up to 10 days of paid DFV leave per year for affected employees.

• Also allows for additional unpaid leave as needed.

2. Fair Work Act 2009 (National Employment Standards)

• Applies to most private sector employees in Queensland.

• Provides 10 days of paid DFV leave for all employees, including casuals, effective from 1 February 2023.

• The leave renews annually and is available from the first day of employment.

Note: If both laws apply, the employee receives the more favourable entitlement.

Who Is Eligible?

An employee is eligible for DFV leave if:

• They are experiencing domestic or family violence.

• They need time off to deal with the impact of this violence.

• They are full-time, part-time, or a casual employee with consistent work patterns.

Employers cannot discriminate against employees who access this leave. Confidentiality is critical — any information shared should be treated sensitively and in line with privacy obligations.

What Can Leave Be Used For?

Domestic violence leave can be used for a range of purposes, including:

• Attending medical, legal, or counselling appointments

• Organising alternative living arrangements

• Attending court proceedings or police interviews

• Accessing victim support services

• Making arrangements for the safety of dependents

The leave can be taken as a full day, part-day, or in hours, depending on the circumstances.

Notice and Evidence Requirements

An employee must:

• Provide notice to their employer as soon as practicable (this may be after the leave has started).

• Provide evidence if requested. This may include:

  • A statutory declaration

  • Documents issued by police, a court, or a family violence support service

  • A letter from a doctor, psychologist, or social worker

Employers should ensure any information provided is kept strictly confidential.

Best Practices for Employers

Navigating DFV leave is about more than compliance — it’s about creating a safe and supportive workplace culture. We recommend employers:

• Update their workplace policies to reflect current legislation.

• Provide training to managers on how to respond to disclosures of family violence.

• Ensure employees know where to go for support, including HR contacts and national services like 1800RESPECT.

• Consider flexible working arrangements and other safety planning measures (such as adjusting work locations or contact details).

Final Thoughts

Domestic and family violence affects not only individuals but entire communities and workplaces. Understanding and implementing domestic violence leave correctly is both a legal responsibility and a human obligation.

At Omnia Legal, we’re here to help you navigate this sensitive area — whether you’re an employer wanting to update your policies or an employee needing confidential legal support.