Domestic violence in the workplace: When the laws don’t work

The World Health Organization estimates that around one in three women will experience domestic violence (DV) in their lifetime. DV is a harmful pattern of behaviour used to gain control over an intimate partner. Victims can suffer physical, psychological, sexual, economic or emotional harms. It's also a major cause of lost income and employment opportunities globally. In Australia, domestic violence is a public policy problem costing the economy around $26 billion each year. However, hundreds of millions of workers worldwide now have access to domestic violence leave entitlements under statutory laws. But is this enough to help victims?

The findings of our new research, published at the University of Technology Sydney, reveal that these workplace laws are failing to support victims, mostly women, who experience domestic violence. It also finds that while some countries have generous, well-structured leave policies, others offer token provisions, leaving workers with minimal support. The research, based on analysis and comparison of domestic violence laws and policies globally, examines countries as diverse as New Zealand, the Philippines, Spain, Italy, Brazil, Canada and Australia.

The need for paid universal access to DV leave

Gender-based violence is a significant problem affecting the health, wellbeing and livelihoods of victims. There has been a long journey internationally to also recognise domestic violence as a workplace problem requiring a workplace policy response. The International Labour Organization’s Convention 190 (C190) is the very first international treaty to do so, acknowledging the negative effects on employment, productivity, and health and safety. The convention places a duty on workplaces of signatory countries to provide victims with leave, conduct risk assessments, and ensure other protections.

Paid domestic violence leave is vital to ensure that victims can access the support they need without losing financial security. While having leave entitlements enshrined in legislation is a step forward, gaps mean that workers are still missing out on vital protections and support. Our research identified four main problems across current domestic violence leave laws globally.

1. DV laws are piecemeal

There is wide variation in who is eligible to access domestic violence leave and the generosity of leave entitlements. For instance, the Philippines provides DV leave only to women, while countries such as Australia and New Zealand offer leave to any employees experiencing domestic violence, not just women. In Brazil, victims can access up to six months of paid leave, while others, such as Canada and Australia, offer between three and ten days. Some laws exempt small business from having to provide leave due to cost burdens, meaning that workers employed by small businesses potentially miss out.

1. Low awareness and stigma reduce access

Few employees and employers know about domestic violence leave entitlements. A recent independent review carried out by Flinders University in Australia found that many employers didn’t know about their responsibilities, and many workers didn’t know they had a right to ask for leave.

But even when leave is available, victims may fear the stigma of disclosing violence or worry about how taking leave will impact their careers. Leave entitlements should be able to be accessed and used safely, without fear of judgement or reprisal.

1. The “business case” for having leave ignores the bigger problem

Advocates for domestic violence leave typically use economic arguments for why businesses should provide leave: if victims can take time to deal with their situation in the short term (attend court, access police or medical services, etc), they’re less likely to take extended absences or leave their jobs.

While this is true, the laws fail to address the bigger problem. Framing domestic violence as an individual problem for the victim to solve on their own ignores the broader systemic causes of violence, including power imbalances and gender inequality in the workplace. Workplaces can contribute to harm by failing to protect workers from abuse or by tolerating harassment.

1. Domestic violence leave laws lack systems integration

Victims will typically need to navigate multiple systems to deal with their situation – criminal justice, housing, social services, and financial support. Domestic violence leave laws don’t always connect to these systems. The International Labour Organization advocates for an “inclusive, integrated and gender-responsive” approach to addressing violence in the workplace. However, many domestic violence leave laws operate in isolation from the broader systems that could support workers. Without greater coordination, these laws risk becoming a band-aid, standalone solution that lacks integration.

Domestic violence leave is essential – but not enough

Domestic violence leave laws are crucial. They give victims the time and space to escape violence, attend court, secure housing, and protect children – all while maintaining financial security.

But laws alone won’t solve the problem. Internationally, governments need to ensure that these laws and other policy solutions are implemented effectively and work in practice. To be truly effective, domestic violence leave must be part of a broader workplace and societal response to gender inequality. This means:

• Making leave paid and accessible to all workers;
• Connecting leave to other systems of support;
• Educating employers and trade unions about their obligations;
• Tackling the structural causes of domestic violence, including gender inequality.

This article is based on insights from: Gavin M and Ellicott S (2025) Domestic violence leave laws: Assessing their effectiveness for addressing domestic violence and gender inequality. In S Williamson, J Parker, N Donnelly, Gavin M and Ressia S (eds) Research Handbook on Gender, Work and Employment Relations. Elgar, pp. 191-207.