Domestic Violence Leave

Domestic violence leave is a specific employment entitlement designed to support employees who are experiencing domestic violence. This leave recognises that domestic violence can create urgent situations requiring time away from work to ensure safety, access support services, attend legal proceedings, or deal with practical matters like relocating.

The Domestic Violence – Victims' Protection Act 2018 provides these protections, defining domestic violence broadly to include physical, sexual, and psychological abuse by current or former partners, family members, or people in close personal relationships. The law acknowledges that the effects of domestic violence extend into the workplace and that employees need specific protections to maintain their employment while addressing these serious situations.

Eligible employees can use domestic violence leave for various purposes, including attending court hearings, meeting with lawyers or support services, arranging alternative accommodation, caring for affected children, or taking time to recover from incidents of violence. The flexibility of this leave recognises that domestic violence situations are complex and may require different types of support at different times.

This entitlement is separate from other types of leave like sick leave or annual leave, providing additional protection specifically for domestic violence situations. Understanding these rights is essential for accessing the support you need while maintaining your employment security.

To be eligible for domestic violence leave, you must have worked for your current employer for at least six months. This applies to all types of employees, including full-time, part-time, casual, and fixed-term workers, provided they meet the six-month requirement.

Once eligible, you're entitled to up to 10 days of domestic violence leave per 12-month period. This leave can be taken flexibly – as full days, half days, or even shorter periods if your employer agrees. The 12-month period typically runs from your start date or from when you first became eligible, though some employers align it with their leave year.

The 10-day entitlement doesn't accumulate from year to year, meaning any unused leave expires at the end of each 12-month period. However, you become entitled to a fresh 10 days at the start of each new period. This structure ensures the leave is available when needed while providing certainty for workforce planning.

Domestic violence leave can be paid or unpaid, depending on your employment agreement and employer policies. While the law doesn't require payment, many employers choose to provide paid leave as part of their support for affected employees. Check your employment agreement and workplace policies to understand what applies in your situation.

When you need to take domestic violence leave, you should give your employer as much notice as possible, though the law recognises that domestic violence situations can be unpredictable and urgent. If you can't give advance notice due to the circumstances, inform your employer as soon as reasonably practicable after taking the leave.

You need to tell your employer that you're taking domestic violence leave, but you don't need to provide detailed information about your situation. Simply stating that you need domestic violence leave is sufficient. Your employer may request evidence to support your leave, but this evidence doesn't need to reveal specific details about the violence or your personal circumstances.

Acceptable evidence includes a statutory declaration made by you, a medical certificate, or a document from a support service like Women's Refuge, police, or a lawyer. The evidence only needs to confirm that you're affected by domestic violence – it doesn't need to describe the nature or extent of the violence.

Your employer must treat any information about your domestic violence leave confidentially and can only share it with people who need to know for legitimate business purposes, such as arranging cover for your work. Breaching this confidentiality requirement can have serious legal consequences for employers.

Employers have specific legal obligations regarding domestic violence leave that go beyond simply granting the time off. They must maintain strict confidentiality about your situation, only sharing information with people who genuinely need to know for work-related purposes. This protection helps ensure your safety and privacy aren't compromised in the workplace.

Your employer cannot discriminate against you for taking domestic violence leave or for being in a domestic violence situation. This means they can't refuse to hire you, dismiss you, or treat you unfairly because of your circumstances. They also can't use your domestic violence situation as a factor in performance reviews, promotion decisions, or other employment matters.

Employers should consider whether workplace arrangements can be adjusted to support your safety and wellbeing. This might include changing your work location, adjusting your hours, providing additional security measures, or temporarily modifying your duties. While not legally required to make these changes, good employers will work with you to find practical solutions.

If your employer fails to meet these obligations, you may have grounds for a personal grievance claim. This could include situations where leave is wrongfully refused, confidentiality is breached, or you experience discrimination or harassment related to your domestic violence situation.

Beyond domestic violence leave, you may be able to access other workplace supports to help manage your situation. Flexible working arrangements can be particularly valuable, allowing you to adjust your hours, work location, or duties to better manage safety concerns or support service appointments.

If you need more than your 10-day annual entitlement, discuss other options with your employer. You might be able to use annual leave, sick leave if you're unwell due to the situation, or negotiate additional unpaid leave. Some employers have policies that provide extra support beyond the legal minimum requirements.

Consider whether your workplace has an Employee Assistance Programme (EAP) or other support services that could help. Many employers also have specific domestic violence policies that outline additional protections and support measures available to affected employees.

Document any workplace issues or concerns related to your domestic violence situation. Keep records of conversations with your employer, any changes to your work arrangements, and any problems you encounter. This documentation can be important if workplace issues arise or if you need to seek legal advice about your employment rights.

Maintaining your privacy and safety at work is crucial when dealing with domestic violence. Your employer's confidentiality obligations help protect you, but you should also consider what information you're comfortable sharing and with whom. You have the right to keep details of your situation private while still accessing your leave entitlements.

Think about practical safety measures that might help in your workplace. This could include changing your contact details, asking reception staff to screen calls or visitors, parking in different locations, or varying your routine. Discuss these concerns with your employer or HR department, as they may be able to implement additional security measures.

Be aware that domestic violence can sometimes extend into the workplace through unwanted contact, harassment, or threats from the perpetrator. If this happens, inform your employer immediately so they can take appropriate action to protect you and other employees. This might include involving security, contacting police, or implementing restraining measures.

Consider whether colleagues need to know anything about your situation for practical or safety reasons. While you're not obligated to share personal information, trusted colleagues might be able to provide support or help maintain safety measures if they understand the general situation.

If your employer fails to provide domestic violence leave or violates your rights, you have several legal options available. The most common remedy is raising a personal grievance, which can address issues like wrongful refusal of leave, discrimination, or breaches of confidentiality.

Personal grievances for domestic violence leave issues must be raised within 90 days of the problem occurring, though this timeframe can sometimes be extended in exceptional circumstances. The process typically involves attempting to resolve the matter directly with your employer first, then potentially proceeding to mediation or the Employment Relations Authority if necessary.

Remedies for successful personal grievances can include compensation for lost wages, hurt and humiliation, and other losses caused by your employer's breach. The Employment Relations Authority can also order your employer to provide the leave you were entitled to and to comply with their legal obligations going forward.

In serious cases involving discrimination or harassment related to domestic violence, you might also be able to make a complaint to the Human Rights Commission. This can be particularly relevant if the discrimination extends beyond employment matters or involves systemic workplace issues.

Keep detailed records of any problems with your domestic violence leave entitlements, including dates, conversations, and any impacts on your employment or wellbeing. This documentation will be crucial if you need to pursue legal remedies.

Consider seeking legal advice if your employer refuses to provide domestic violence leave when you're eligible, or if they're asking for inappropriate information about your situation. Legal help is also important if you're experiencing discrimination, harassment, or unfair treatment related to your domestic violence circumstances.

Get legal advice promptly if your employer breaches confidentiality about your domestic violence situation, as this can have serious safety implications. Similarly, if your employer is pressuring you to return to work before you're ready or is making unreasonable demands about evidence or documentation, legal guidance can help protect your rights.

If you're unsure about your eligibility for domestic violence leave or how to navigate the process with your employer, an employment lawyer can provide clarity and help you understand your options. This is particularly important if you have a complex employment situation or if your employer doesn't seem to understand their obligations.

Legal help becomes urgent if you're facing disciplinary action or dismissal that seems related to your domestic violence situation or your use of domestic violence leave. Early legal intervention can often prevent these situations from escalating and protect your employment rights.

Remember that domestic violence leave issues often intersect with other employment matters like discrimination, workplace harassment, or unfair dismissal. An employment lawyer can help you understand how these different areas of law might apply to your situation and what remedies might be available.