You can call the following numbers 24 hours a day, 7 days a week.

• 1800RESPECT National Sexual Assault, Domestic Family Violence Counselling Service: a national telephone and online counselling and referral service. Phone: 1800 737 732.
• Women’s Domestic Violence Helpline: provides support for women, with or without children, who are experiencing family and domestic violence in Western Australia (including referrals to women’s refuges). Phone: 1800 007 339.
• Men’s Domestic Violence Helpline: provides telephone information and referrals for men who are concerned about their violent and abusive behaviours, and for male victims of family and domestic violence in Western Australia. Phone: 1800 000 599.

This is general information on unpaid family and domestic violence leave based on the minimum entitlements in the Minimum Conditions of Employment Act 1993 (MCE Act). 

For the purposes of unpaid family and domestic violence 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, including casual employees, have a minimum entitlement to five days’ unpaid family and domestic violence leave.

An employee is able to take unpaid family and domestic violence 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 family and domestic violence leave

An employee can take unpaid family and domestic violence 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 family and domestic violence leave under the MCE Act 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 family and domestic violence 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.

This is general information on paid family and domestic violence leave based on the National Employment Standards (NES) in the federal Fair Work Act 2009. The entitlement to paid family and domestic violence leave in the NES will commence for state system employees on 9 September 2024.

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 federal 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.