Model Clause for Unpaid Family and Domestic Violence Leave for all Employees

Model Clause for Unpaid Family and Domestic Violence Leave for all Employees


The Fair Work Commission has unveiled the model clause that will cover the newly created Family and Domestic Violence leave (FDV).

The new entitlement is to be included in all modern awards and comes into effect on 1 August 2018.

As of that date, employees will be able to take up to five days of unpaid leave to deal with the impact of FDV.

The Commission found that having financial security is integral to escaping domestic violence.   “Retaining employment is an important pathway out of violent relationships. Conversely, a lack of financial security has an adverse impact on the ability to recover.” (FWC Decision, 6 July 2018).


The New FDV Leave: At A Glance

The entitlement to five days unpaid leave:

  • is available to all employees, in full, at the commencement of each 12-month period of service,
  • is not pro-rated for part-time or casual employees
  • does not accumulate from year to year
  • is subject to meeting notice and evidence requirements
  • does not require an employee to use their available paid leave before they access unpaid leave.
  • requires employers to maintain the confidentiality of information provided by an employee as far as is reasonably practicable to do so. They should also consult with the employee regarding the handling of this sensitive information.


The FWC will review the operation of the Family and Domestic Violence leave clause in three years’ time.


For more on the Fair Work’s Decision to create unpaid FDV leave, click here.


CCER members can access the updated modern awards here.

If you have any questions please don’t hesitate to get in touch with one of our Employment Relations Specialists at or (02) 9390 5255.

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