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Family and Domestic Violence Leave — Notice and Evidence to Employer

Time-sensitive

The process by which an employee notifies their employer and provides supporting evidence to access their NES entitlement of 10 days paid family and domestic violence leave per year.

Issuing authority

Fair Work Ombudsman

Official source

fairwork.gov.au

Cost

Free

Deadline

Notify as soon as possible; evidence to be provided on employer request

How to apply

  1. Determine you need leave to deal with the impact of family and domestic violence that is not practical to manage outside work hours
  2. Notify your employer as soon as possible — notification can happen after leave has already started
  3. Tell your employer how long you expect the leave to last
  4. If your employer requests evidence, gather one or more of: statutory declaration, police documents, court documents, or documents from a family violence support service or financial counsellor
  5. Provide the requested evidence to your employer — failure to provide evidence when asked may result in leave being unpaid
  6. Confirm with your employer that all evidence is being kept confidential (employers are legally required to do this)
  7. Check your pay: non-small business employees are paid their full pay rate; small business employees receive leave from 1 August 2023

Related topics

family domestic violence leavepaid FDV leaveNES leave entitlementnotify employer domestic violence10 days paid leavefamily violence evidence employerstatutory declaration leaveFair Work domestic violenceemployee leave noticedomestic violence workplace rightscasual employee FDV leavesmall business domestic violence leaveFair Work Ombudsman leave

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