The Full Bench of the FWC has finalised a set of model terms for domestic violence leave.

Domestic Violence Leave comes into effect 1 August 2018

The FWC is awaiting any further comments from groups before it enacts the finalised set of model terms into all Modern Awards, to take effect on 1 August 2018.

You can read an earlier article relating to the introduction of a Domestic Violence Leave into modern awards here.

The key provisions of the model terms outlined by the FWC include:

General provisions – domestic violence is threatening or other abusive behaviour from a family member including siblings of their partners or spouses (including former ones). 


  • 5 days of unpaid leave 
  • Available at full at the start of each year of their employment 
  • Does not accumulate  
  • Available to all employees including casuals 
  • May be less than 1 day subject to agreement between employee and employer 

Service and Continuity 

  • Does not count as service but does not break continuity of service

Notice and evidence 

  • Must be provided as soon as practicable including expected return date
  • Evidence that would satisfy a reasonable person that the leave is taken for the purpose of dealing with domestic violence 
  • Can include a letter from police, support services or a statutory declaration 


  • all materials obtained must be treated confidentially 

Free Download: Termination Letter Template

Need to let an employee go? Use our letter of termination template to ensure you are using the correct format. 

termination letter template