Employment & Safety Briefing – Employees escaping domestic violence: employer obligations

Family and domestic violence is a complex issue, but it is not just a private or personal one. Workplaces play an important role in preventing and responding to domestic violence, providing a place of refuge and a source of social and economic support.

With the Federal Government’s recent announcement that it would be extending the trial of, and, from mid-2025 making permanent, the government’s Escaping Violence Payment (EVP), it is a timely reminder to employers that they have obligations to employees who are experiencing, or at risk of, domestic violence.

What is family and domestic violence?

In an employment context, family and domestic violence is violent, threatening or other abusive behaviour by a current or former intimate partner, a close relative, or a member of a person’s household, that:

• seeks to coerce or control the person; and
• causes the person harm or to be fearful.

Not only is family and domestic violence a work health and safety concern, particularly if the perpetrator threatens to or carries out violence against an employee at the workplace, but it also:

• decreases staff performance and productivity;
• increases staff absenteeism; and
• negatively impacts an organisation’s reputation and image.

Managing risks in the workplace

Employers have a legal obligation to provide employees with a safe working environment. This requires employers to proactively manage the risk of family and domestic violence in the workplace. While what is reasonably practicable will differ between workplaces, employers should consider:

• ensuring buildings are secure by controlling access (through key cards or a pin code) and identifying visitors to prevent family violence perpetrators from entering the workplace;
• developing safety plans with employees who are at risk of family and domestic violence (e.g. screening incoming phone calls and emails from the perpetrator, identifying a safe place to retreat if an incident occurs, providing secure parking and flexible working arrangements);
• having policies and procedures in place for an emergency response if family or domestic violence occurs in the workplace.

Employers should be aware that their obligations extend to employees working from home, notwithstanding that they may have limited knowledge of their employee’s home environment. Employees experiencing family and domestic violence may be placed at greater risk because of working from home arrangements.

While an employee who works from home may not always disclose that they are experiencing or at risk of family and domestic violence, employers can still minimise risks by:

• consulting employees about health and safety risks in their home environment, and the impact that any proposed safety measures may have on them;
• maintaining regular communication with employees while working from home and agreeing to a course of action if they cannot be contacted for a certain period of time;
• providing employees with a work phone and laptop to increase digital security and autonomy; and
• providing employees the option of working from the office or an alternative location if working from home is not a safe option.

Family and domestic violence leave

In addition to supports in the workplace, all employees are entitled to 10 days of paid family and domestic violence leave each year.

This entitlement is immediately available to employees upon commencement of their employment and resets every year on an employee’s work anniversary.

To be eligible employees must:

• be experiencing violent, threatening, or other abusive behavior by a current or former intimate partner, a close relative, or a member of the employee’s household; and
• notify their employer as soon as practicable (which may be after the leave has started); and
• if required by their employer, provide evidence that would satisfy a reasonable person that:
  • they are experiencing family and domestic violence;
  • they need to do something to deal with the impact of the family and domestic violence; and
  • it is impractical for the employee to do so outside of their work hours.

Employers must not include reference to family and domestic violence leave on an employee’s payslip. Where family and domestic violence leave is taken by an employee, the payslip must report that the amount paid is for the performance of the employee’s ordinary hours of work, or another kind of payment in relation to the performance of the employee’s work (such as an allowance, bonus or payment of overtime).

Employers must not use information provided to it by an employee to terminate, suspend or otherwise take adverse action against an employee.

Strategies for risk management

To effectively manage the risks associated with family and domestic violence, employers should:

• encourage employees to discuss specific or individual concerns they have with respect to their health and safety, both on a worksite or working from home;
• provide a safe and supportive environment where employees feel comfortable disclosing family or domestic violence, including by designating a contact person who they can speak to about any concerns;
• ensure that any concerns raised are treated confidentially;
• communicate the availability of entitlements such as paid and unpaid family and domestic violence leave, flexible working arrangements, and employee assistance or other support programs; and
• provide regular education and training to employees to enable them to recognise and respond the signs of family and domestic violence.

Next steps

Employers can proactively manage and reduce the risks associated with family and domestic violence by implementing preventive measures, providing ongoing training, and fostering a supportive workplace environment where employees are encouraged to raise concerns.

Page Seager can assist you with leave entitlements, managing workplace risks, or how you can best support your employees who are experiencing family or domestic violence.