What else you can do to support your employees experiencing family and domestic violence

As a business owner, you can determine whether or not you need your employee to provide evidence that they need to take FDV leave.

Such evidence may include official documentation provided by a range of legal and/or health/social services. However, it is critical that you exercise your discretion in this respect. 

Types of evidence can include:

• a statutory declaration or affidavit: This is a written statement, made under oath, that outlines that the employee has experienced family and domestic violence. In many scenarios this may be the only evidence an employee can provide.
• documentation from a medical practitioner, nurse practitioner, or registered psychologist: this may include a medical certificate, letter, or report that confirms the employee has been affected by family and domestic violence and requires leave.
• documentation from a social worker, family counsellor, or domestic violence support service: This may include a letter or report that confirms the employee has been affected by family and domestic violence and requires leave.
• a copy of a family violence order, an injunction, or other court order: This is a legal document that has been issued by a court and that confirms that the employee is affected by family and domestic violence.

You can either sight the evidence or keep a copy. If you choose to keep a copy, you must store it confidentially and securely.

Only employees who are experiencing family and domestic violence are entitled to take FDV leave. If you’re dealing with a situation where two employees are both claiming family and domestic violence in your workplace, you may need to seek legal advice.

Importantly, it is not your job to decide whether one or both are a victim-survivor.

There may also be circumstances where an individual is simultaneously a victim-survivor in one relationship and a perpetrator in another.

In most states in Australia, there is no requirement on an employer to report family and domestic violence, with the exception of the Northern Territory (which imposes obligations on adults to report knowledge of family and domestic violence).  The laws surrounding such reporting obligations differ from state to state.  

Please note, however, in certain circumstances, there are legal obligations to report acts or threats of family violence to external bodies where it is necessary to protect the life, health or safety of the employee or another person(such as the safety of a child).  

As noted above, employers can disclose family and domestic violence information (i.e. to the police) if it is necessary to protect the life, health or safety of the employee or another person. If, for example, the perpetrator attended the workplace and was threatening harm, it would be appropriate to contact police to protect the health and safety of those at the workplace.  

Read more about what you need to do.