What Every Business Needs To Know About Domestic & Family Violence
When domestic and family violence (DFV) impacts workplaces, prepared businesses can make a real difference.
Understand DFV Leave, WHS Obligations and Employee Safety by downloading our free Employer Framework and Checklist
Domestic and family violence (DFV) is rarely spoken about at work, yet it affects workplaces every day. When someone is dealing with DFV, the impacts don’t ‘clock off’ when they start their shift. Stress, distraction, distress, absences, safety concerns and changes in behaviour can all flow into the workplace.
For many people, work may be their only safe and stable environment.
That’s why businesses need simple, practical processes that make support possible, safe and consistent.
A Legal Landscape Businesses Can’t Ignore
Under the National Employment Standards, all employees, including casuals, have access to 10 days of paid Family and Domestic Violence (FDV) leave each year.
This leave is available upfront, must be paid at the employee’s full rate of pay and cannot appear on payslips in any form. These safeguards exist to prioritise safety, privacy and accessibility for employees who may need help urgently.
Beyond leave, DFV can also trigger obligations under Work Health and Safety (WHS) laws. When DFV creates a risk that touches the workplace (whether through harassing calls, a partner who turns up onsite, or intimidation via workplace systems), employers must take steps to eliminate or minimise those risks, just as they would with any other safety hazard. This applies to both the physical workplace and work-from-home arrangements.
What DFV can look like at work
DFV isn’t always easy to identify. In many cases, the signs are subtle: a normally reliable employee becomes withdrawn or frequently absent; someone is visibly distressed; personal calls escalate; a partner lingers around the workplace.
These signs don’t confirm DFV and businesses shouldn’t jump to conclusions; however, they might signal that a supportive, private check-in might be useful.
When employees feel safe enough to disclose what’s happening, it opens the door for them to access workplace supports that genuinely make a difference.
FDV leave: can it be refused?
One of the most common questions employers ask is whether they can refuse FDV leave , and the answer, in almost all situations, is no.
As long as the employee:
- is being controlled or coerced;
- is in fear of their lives;
- is experiencing DFV,
- needs to do something to deal with its impact, and
- cannot reasonably do so outside work hours,
They ARE entitled to take paid FDV leave.
There are only very limited situations where leave may be refused e.g. if the reason does not meet the legal definition of FDV leave, or if the employee cannot provide reasonable evidence linking the absence to DFV.
These situations are rare, and refusal should always be approached with the utmost care.
What evidence can an employer request?
Fair Work makes it clear employers can ask for evidence; but only enough to “satisfy a reasonable person” the leave is being used for its intended purpose. This evidence might be:
- a statutory declaration
- a police report or reference number
- a court order
- a letter or document from a doctor, psychologist, counsellor, lawyer, DFV service or community leader.
Importantly, employees are not required to provide the details of the violence, only evidence that they need the leave for DFV‑related reasons. Employers cannot demand a specific type of evidence, nor request more than is necessary.
Confidentiality isn’t optional – it’s critical!
When an employee shares information about DFV, managing that information with care is essential.
Privacy regulators have made it clear that the employee records exemption in the Privacy Act is far narrower than many employers realise. Businesses can’t pass information around “just in case” or store it casually.
Only those who genuinely need to know about a real or potential DFV situation should be informed. Details should be kept minimal, secure and purpose-specific.
Support often means flexibility – and the law backs that
Employees in a DFV situation often need options e.g. different start / finish times, a temporary change of location, reduced customer-facing duties or the ability to work remotely. Where it’s possible from a business perspective, flexibility can make an enormous difference.
Under the Fair Work Act, employees experiencing DFV (or supporting someone who is) have the right to request flexible working arrangements. Employers must genuinely consider the request, consult with the employee and respond in writing within 21 days. Refusals need to be backed by real, evidence-based business grounds, not assumptions or general preferences.
Free DFV Response Framework Download
A DFV incident isn’t the moment to figure out processes on the fly. Employers who respond well do so because they have structure, clarity and confidence.
AKYRA’s recommended a well‑designed DFV approach that ensures your managers aren’t guessing what to do in a stressful moment – they’re guided, supported and confident. We encourage employers to combine:
- a clear DFV policy
- manager capability and training
- practical safety planning
- flexible work pathways.
With a consistent, compassionate DFV checklist, a tool that ensures managers follow the same safe, respectful and legally compliant steps every time. It provides clarity at moments when clarity matters most.
Best practice domestic violence workplace response
You don’t need to be a DFV expert, but you do need a safe, structured way to respond. When your people know they can trust you, they reach out earlier, stay connected to work and feel supported through whatever they’re facing.
With the right framework, your DFV checklist, and confident leaders, your business becomes part of the safety net that helps someone rebuild.
Build a Safer, More Supportive Workplace
Access Your Free DFV Response Framework Today
Disclaimer – Reliance on Content
The material distributed is general information only. The information supplied is not intended to be legal or other professional advice, nor should it be relied upon as such. You should seek legal or professional advice concerning your specific situation.
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