The following article discusses Family and Domestic Violence Leave (FDVL) and may be found as confronting or a trigger to some.
FDVL Confidentiality: Are You Handling Family and Domestic Violence Leave Privately?
Trigger warning: This article discusses Family and Domestic Violence Leave (FDVL). It may feel confronting or triggering for some readers.
Fair Work changes have increased employee access to FDVL. That also increases your responsibility as an employer. You must protect employee privacy at every step. Confidential handling is not optional. It is a safety requirement.
If your current process leaves a trail through payslips, emails, or shared folders, it can place an employee at risk.
FDVL confidentiality: why it matters
When an employee requests FDVL, the main principle is safety. Your systems should protect that safety, not undermine it.
Treat every FDVL request as highly sensitive. Limit access. Store records securely. Avoid unnecessary written trails.
FDVL confidentiality rules employers must follow
As of 1 February 2023, employees of non-small businesses (15+ employees) can access up to 10 days of paid FDVL. Employees of small businesses (under 15 employees) can access the same entitlement from 1 August 2023.
FDVL is:
- Available to full-time, part-time, and casual employees
- Available from the first day of employment
- Paid as time worked (pay the rostered shift, including loadings and penalties)
- Used for reasons such as court, counselling, medical appointments, safety planning, relocation, and police or legal appointments
- Reset annually to 10 days
- Strictly confidential, including how it appears in your payroll records and payslips
For more detail, link to your internal article: “Family and Domestic Violence Leave”.
FDVL confidentiality checklist for applications and records
Use this checklist to reduce risk and improve privacy.
1) Handle evidence safely
If an employee provides documents to support an FDVL request:
- Record that you sighted the evidence
- Return the document to the employee or securely destroy it (shred physical copies)
- Keep only what you must keep for compliance
2) Lock down access to records
Store FDVL information in a restricted location.
- For hard copies: keep files in a locked cabinet
- For digital records: use a secure system with limited and monitored access
- Restrict access to only the people who must know (not “everyone in payroll” by default)
3) Keep notes minimal and factual
Write short notes that cover what you need. Avoid detailed descriptions. Do not include sensitive personal information unless required.
FDVL confidentiality and payslips: what to do
Your payroll setup can create the biggest risk.
Do not display FDVL on payslips. If a payslip shows FDVL and a perpetrator sees it, it can create serious danger.
Instead:
- Track FDVL usage and balances in a restricted record (hard copy on the employee file, or a locked note within your payroll system)
- Use neutral internal codes if your system requires a category, and limit visibility to authorised staff only
FDVL confidentiality: safer communication practices
Many workplaces accidentally expose FDVL through casual communication.
To reduce risk:
- Do more in person where possible
- Avoid long email threads
- Avoid SMS trails that others might access
- Keep meeting invites and calendar titles neutral
- Do not discuss FDVL in open offices or shared channels
Need help reviewing your FDVL confidentiality process?
If you are concerned about how your business handles FDVL, get support quickly. The AHR Team can provide:
- A confidential FDVL checklist
- Policy and procedure implementation support
- Workplace support and guidance for FDV situations (where appropriate, alongside authorities)
Call the AHR Team on 1800 577 515.
If you or someone you know is in immediate danger, contact emergency services.
You may also choose to link to a support service such as 1800 577 515 for confidential counselling and support.
