This report considers the operation and impact of the paid family and domestic violence leave entitlement on small businesses, sole traders and people experiencing family and domestic violence since its commencement in 2023. It finds that the entitlement is operating as intended and strongly supported across stakeholder groups.

The Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 (Cth) amended the National Employment Standards to provide 10 days of paid family and domestic violence leave to all employees, including casual workers. The review has considered the effectiveness and scope of the reforms, the views and voices of those affected and submissions and recommendations via the Senate Education and Employment Legislation Committee's inquiry. 

In line with the legislated terms and key expectations of the Review, the reviewers paid attention to both: 

• the operation of the Act and its consistency with policy intent, through a focus on the effectiveness and scope of the reforms; and
• the impact of the amendment, through analysis of available qualitative and quantitative evidence and by exploring the views of stakeholders (with particular regard to small businesses and people who have experienced FDV). 

The Review was therefore informed by: 

• the submissions and recommendations to the 2022 Senate Inquiry
• quantitative and qualitative research conducted by BETA
• consultation with stakeholders
• background information provided by relevant government and other bodies, and other relevant research and empirical data.

Findings

• The Review considers that the paid Family and Domestic Violence (FDV) leave entitlement is operating as intended. Victim-survivors who have used the entitlement largely find it effective in enabling them to take steps to ensure their safety without jeopardising their income or employment, in line with the policy intent.
• The current parameters of the leave entitlement are appropriately set but not enough time has passed to enable full understanding of its operation and impacts.
• The low utilisation of paid FDV leave also contributes to uncertainty regarding operational costs and implications.
• The Review also highlights the central role of first responders, including frontline FDV and legal services and general practitioners, in building awareness of the entitlement to promote its uptake.