Here's what an employer's obligations are to employees experiencing domestic violence.

Australia is facing a domestic violence epidemic.

So far in 2024, we've seen the deaths of 54 women — allegedly at the hands of violent men — as well as nine children also being killed in family violence related circumstances.

It's 65 deaths too many. 

In the face of such challenging times, bringing about awareness and supporting victim-survivors is key. That's why we've created detailed guides to provide information, such as how to help a friend experiencing domestic violence.

Watch: women and violence, the hidden numbers. Post continues below.

Now, we're looking at the workplace. Specifically, what an employer's obligations are to employees experiencing family and domestic violence, as well as what employees ought to know.

Stephen Roebuck is the Associate Director of Advice and Consultancy at leading employment relations firm Peninsula Australia. With over a decade in the industry, he knows a thing or two when it comes to employer obligations. 

An employer's obligations to employees experiencing domestic violence. 

"The first factor would be knowing the health and safety obligations that employers have. All employers in Australia have a proactive duty to create a safe system of work for their employees broadly. This means eliminating, as far as reasonably practical, the risk of harm or injury in the workplace. This extends to domestic violence," notes Roebuck.

"More people are now working from home, where domestic violence is much more prevalent. Employers need to ask themselves whether they are taking proactive steps to reduce the risk, and if they become aware of domestic violence, are they moving to act on that and support the employee?"

Employers are legally obligated to remind their staff of family and domestic violence leave.

The Fair Work Act is the main relevant piece of legislation that applies to employers in Australia. In 2023 the legislation was amended to introduce a form of paid leave where employees can access family and domestic violence leave.

"This applies to all staff, whether they are full-time, part-time, or casual. All employees can access 10 days per year if they need to deal with the impacts of DV, and if it's impractical to deal with such outside of work hours," says Roebuck.

Interestingly, a report in the Australian Financial Review recently looked into how many employees are actually using this leave. They surveyed all firms on the ASX 50, and of those who agreed to participate in the survey, only 0.4 per cent of workers accessed the new leave entitlements in the first 12 months of the policy.

It's a pretty dismal number, especially considering that we know there are far more employees across Australia who are grappling with violence in their homes right now.

In NSW alone, there are approximately 2,500 reports of domestic violence to the police every month.

What this highlights, adds Roebuck, is the need for employers to create a safer environment for their employees to feel comfortable enough to ask for the leave if they need it. 

Why soft skills are equally important.

Understanding policies and legislation is key. But so too is having a strong level of empathy and awareness about the impact of domestic violence. 

"Victim-survivors need to be able to feel that trust with their employer or manager. They also need to be assured that confidentiality will be maintained," Roebuck tells Mamamia. 

"There needs to be strong clarity from employers on the leave, rather than vague policies or brushing it under the rug. And overall, employers need to make sure they're educated on these issues. They need to be aware about the signs to look out for, changes in behaviour that are reminiscent of someone potentially being the victim of abuse."

Educating ourselves on domestic violence signs.

For those wanting to increase their understanding, there is a fantastic app created by Griffith University called Be There. It gives direct access to tools that empower, educate and support to help someone who is experiencing domestic or family violence.

Another handy resource is the Are You Safe At Home? website. It's designed to break down the fear associated with talking about family violence by providing clear information on how to start a conversation if you're concerned someone you know is experiencing abuse. 

Ultimately, what Roebuck hopes readers garner from this conversation is an understanding and awareness that domestic violence impacts every facet of a victim-survivor's life, including their work.

"I want all people to know that help is out there — whether you are a victim-survivor, or someone who is worried that someone in their workplace is experiencing abuse. The more we have these basic conversations, the more we can shine a light on this issue and hopefully make a difference."

If this has raised any issues for you, or if you just feel like you need to speak to someone, please call 1800 RESPECT (1800 737 732) – the national sexual assault, domestic and family violence counselling service.

Mamamia is a charity partner of RizeUp Australia, a national organisation that helps women, children and families move on after the devastation of domestic and family violence. Their mission is to deliver life-changing and practical support to these families when they need it most. If you would like to support their mission you can donate here. 

Feature Image: Getty.