Review confirms paid FDV Leave entitlement “appropriate” but underutilised

Late last year, an independent review into the paid Family & Domestic Violence (FDV) Leave entitlement, which was introduced by the Albanese Government in 2023, indicated the scheme was “appropriate and sufficient”, but the Flinders University report flagged “limited awareness” and evidentiary requirements as barriers contributing to low uptake among victim-survivors.

A joint statement by Women’s Minister, Katy Gallagher, Social Services Minister, Amanda Rishworth and Workplace Relations Minister, Murray Watt in October claimed the review “has found the program is succeeding in supporting the financial security of those escaping or experiencing violence”, with Senator Watt adding the “legislation is acting as intended”.

On the available evidence, the majority of victim-survivors surveyed who had used paid FDV leave reported feeling “very” or “extremely” supported by their employer, though only 12% of nearly 1500 respondent employers reported “any instance” of workers using the paid leave entitlement since its inception. Furthermore, 14% of employer respondents had rejected requests for paid FDV leave – with refusal being more common within larger organisations than small or micro businesses – with employers citing suspected misuse and insufficient documentation as the most likely reasons for rejection of a request.

Data identified more than half of victim-survivors surveyed (59%) remained largely unaware of the availability of the entitlement, with the lack of awareness increasing amongst casuals (78%), while more than 40% of employers were oblivious to its existence. In addition, report authors said consultations “highlighted considerable uncertainty among both employers and employees about the purposes of paid FDV leave, evidentiary requirements, confidentiality obligations and application of the entitlement to casuals”.

The report recommended the Government “reconsider and revise” FDV leave resources to focus “on areas of uncertainty including the interpretation of evidence requirements, management of confidentiality, and application of the entitlement to casual employees and employees requesting leave to care for others”.