Domestic violence leave was introduced by the Work Life Balance and Miscellaneous Provisions Act 2023 (“the 2023 Act”).From 27 November 2023, employees who are currently experiencing or have experienced domestic violence are entitled to up to five days paid leave in a twelve-month period.
Domestic violence leave can be taken where an employee or relevant person has experienced in the past or is currently experiencing domestic violence.
The purpose of this leave is to enable employees, or to assist a relevant person, to:
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- Seek medical attention
- Obtain services from a victim services organisation
- Obtain psychological or other professional counselling
- Relocate temporarily or permanently
- Obtain an order under the Domestic Violence Act 2018
- Seek advice or assistance from a legal practitioner
- Seek assistance from the Garda Siochana and
- Seek or obtain any other relevant services
Eligibility
This legislation applies to all employees. There is no minimum service required to qualify for statutory domestic violence leave. It applies to all employees for past and ongoing experiences of abuse.
A relevant person is:
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- Spouse or civil partner of the employee
- A person with whom the employee is in an intimate relationship
- Cohabitant of the employee
- A child of the employee who has not attained full age or
- A person who, in relation to the employee, is a dependent person
Employees receiving this leave are entitled to their normal daily rate of pay.
Notification of Leave
An employee must tell their employer as soon as possible that they need to take domestic violence leave, however, given that the occurrence of domestic violence is entirely unpredictable, the leave can be taken without prior notice. Employees shall, as soon as is reasonably practicable thereafter, confirm that he or she has taken such leave and confirm in writing to their employer the date of commencement and duration of the leave.
Records
Employers are obliged to maintain a record of domestic violence leave taken by employees, noting the relevant employee’s period of employment and the dates on which they took leave.
Women’s Aid Guidance Note
The Department of Children, Equality, Disability, Integration and Youth, in collaboration with Women’s Aid has published both a Guidance Note, as well as template policies to assist employers integrating the recently enacted domestic violence leave as part of the 2023 Act.
The Guidance Note repeatedly asserts the importance of three key principles:
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- Maintain and prioritise confidentiality: If such policies are operated in a clear and confidential manner, employees will feel safe talking to someone and seeking support.
- Be employee-led: The Guidance Note advises that a safe and effective response is one which is dictated by the employee’s needs and wishes. It also highlights the importance of visible commitment of senior management in implementing and upholding a domestic violence leave policy.
- Lean on existing practices and policies: To assist in implementing a cogent and effective domestic violence leave policy.
The Guidance Note recommends the following:
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- Designated person: Employers should consider whether there is a particular person whom it would be appropriate to designate as a contact person for domestic violence leave. Depending on the structure of the organisation, such a role may naturally fall to HR representatives, people managers or the business owner.
- Disclosing Information: Employers should aim to create a disclosure-friendly workplace environment through visible senior leadership commitment, by providing a range of practical support options, and training and awareness-raising.
- Awareness raising and training: Training and awareness events, including how to recognise, respond to and refer domestic abuse cases to specialist organisations if required, should be run.
- Employees who work from home: Opportunities to work in a safe work location will be encouraged. Working from home can have a negative impact on employees subjected to domestic abuse. It is important that managers stay attuned to the well-being of employees when they work remotely.
Employment Protections
Domestic violence and abuse can impact work attendance, performance, and productivity. In cases where an employee discloses domestic abuse, the employer should consider offering temporary protection from disciplinary actions or a reassessment of the employee’s workload.
Maintaining Records
Records of any form of abuse that the employee has experienced in relation to work could be helpful should the employee seek protection from the Gardai or the courts.
Conclusion
Employers should ensure that they are clear about the statutory obligations and entitlements regarding domestic violence leave under the 2023 Act. Employers should undertake a thorough review of the Government’s Template Policy and Guidance Notes and the Company Employee Handbook should be updated accordingly.
Details can be found by visiting www.dvatwork.ie
How we can help
If you have any queries or concerns, or would like to discuss the above in further detail, please feel free to contact Kate Walsh, solicitor, in the Employment & Benefits Department of BHSM LLP on 01 440 8300 / [email protected].
This article is for general information purposes. Legal advice must be obtained for individual circumstances. Whilst every effort has been made to ensure the accuracy of this article, no liability is accepted by the author for any inaccuracies.