What is Domestic (Family) Violence Leave?
Domestic (Family) Violence Leave allows for a certain period of time off from employment or short-term flexible working for those affected by family violence. Domestic violence (also referred to as family violence) is defined as any form of violence in an intimate or family setting. It’s not simply physical violence, but includes sexual and psychological abuse.
Through this leave, employees affected have the right to:
- Take up to 10 days of paid domestic (family) violence leave (although employers can give more of this type of leave at their discretion).
- Request a short-term flexible working arrangement for up to two months.
As part of this leave, it’s mandatory that the employee affected is treated equally in the workplace, and not discriminated against.
Why is Domestic (Family) Violence Leave important?
Domestic violence is unfortunately a significant issue in New Zealand. New Zealand police conduct around 100,000 investigations into family violence every year. Almost half of all homicides and violent crimes are also family violence related.
For those affected, family violence affects not only their home life, but all aspects of their lives. That’s why Domestic (Family) Violence Leave was introduced, allowing them crucial time that they may need away from work.
Who is eligible for Domestic (Family) Violence Leave?
Currently, employees affected by family violence can use this type of leave providing:
- They’ve worked for their current employer for six continuous months, and
- They’ve worked for the employer for an average of 10 hours weekly, and at least one hour in every week or 40 hours in every month.
Employers should be aware that this is likely to change at some point during 2023, in line with the proposed changes to the Holidays Act (2003). These new changes will allow employees to take Domestic (Family) Violence leave from their first day of employment.
When a request has been made, employers are entitled to ask for proof, as long as it’s done in good faith. The kind of proof that can be provided is not specified, but it could include something like a letter from a support organisation, a report from a doctor or school or court documents.
How employers can support those who need to take Domestic (Family) Violence leave
Those affected by family violence are likely to be under significant stress. Along with facilitating leave, employers may want to provide extra support for those employees in confidence.
It’s a sensitive issue, so building a culture of support and trust can go a long way towards people feeling supported. It’s important that employers are upfront about their Domestic (Family) Violence policy and leave allocations with all staff as well, so that employees are aware of their entitlements.
If an employee discusses taking Domestic (Family) Violence leave in a private conversation with their manager or HR contact, that other person might want to consider discussing possible safety measures in the workplace, such as blocking emails or screening their incoming calls. It can also be beneficial to provide the employee with information on where they can get support. Here are some resources for those affected by family violence:
The most important aspect of this type of conversation is that it’s done respectfully, confidentiality and non-intrusively. The affected employee should be treated fairly and is of course entitled to decline any support offered.
There are many types of leave in New Zealand employment
There are lots of types of leave that New Zealand employers need to be aware of, from bereavement leave and parental leave to long service leave. With changes to the Holidays Act (2003) in progress, it’s likely that eligibility and allocation will change over time as well.
That’s where a leave management system like Employment Hero comes in useful, bringing in automatic updates and accurate allocation to support compliance. Find out how Employment Hero can help you and book a demo with our team today.
Disclaimer: The information in this article is current as at 2-Nov-2022, and has been prepared by Employment Hero Pty Ltd (ABN 11 160 047 709) and its related corporate bodies (Employment Hero). The views expressed in this article are general information only, are provided in good faith to assist employers and their employees, and should not be relied on as professional advice. The Information is based on data supplied by third parties. While such data is believed to be accurate, it has not been independently verified, and no warranties are given that it is complete, accurate, up-to-date or fit for the purpose for which it is required. Employment Hero does not accept responsibility for any inaccuracy in such data and is not liable for any loss or damages arising directly or indirectly as a result of reliance on, use of or inability to use any information provided in this article. You should undertake your own research and seek professional advice before making any decisions or relying on the information in this article.
