Organisational measures to support employees who are experiencing family and domestic violence (FDV) are increasingly seen as an important policy response to mitigate the consequences of such violence and promote gender equality. However, little is known about the costs to employers of providing such workplace policies. This paper assesses the costs and benefits to Australian employers of providing 10 days of paid FDV leave to employees experiencing such violence. We draw on a case study based on the evidence presented to the Fair Work Commission which contributed to their 2023 enactment that modern award wages should include 10 days of paid FDV leave. Using a bottom-up approach and utilising individual-level data from the Australian Bureau of Statistics and Household, Income and Labour Dynamics in Australia Survey, our estimates reveal that the total annual cost to employers of providing an entitlement of 10 days of paid FDV leave to award-covered employees is between $13.1 million and $34.3 million. Our analysis highlights the role of robust economic analysis in generating evidence for policy change and offers an approach that can be applied in evaluating costs and benefits of other employer initiatives of similar nature.

This article considers a range of legal issues that arise when family and domestic violence impacts upon the workplace. It examines the available data on the costs of family and domestic violence to employers and the community. It discusses the potential for employers to be affected by Australian State and Territory criminal and related laws that are intended to protect a person from family and domestic violence. Recent cases of discrimination arising from family and domestic violence are considered with some speculations as to other possible forms of liability for employers concerning work health and safety and workers compensation laws. The Australian Fair Work Commission’s determination of unpaid family domestic violence leave is also examined, as is the adoption of paid leave by some State and Territory governments and larger Australian employers. The article concludes with some reflections and speculations on how current laws may affect employers and what actions can be taken by employers to adopt supportive measures to protect employees.