Domestic Violence Leave Expected to Commence in the Autumn
The Government has announced that Domestic Violence Leave, as legislated for under the Work-Life Balance and Miscellaneous Provisions Act 2023, will be introduced in the Autumn.
The delay in implementing this was due to the fact that the Minister wished to consult with a range of Employer, Employee and Domestic Violence support Groups on the matter of what payment would be applied.
The purpose of this leave is to enable an employee or a relevant person (spouse or civil partner/ cohabitant/ someone with whom they were or are in an intimate relationship/ the child of the employee/relevant person) who has experienced or is currently experiencing, domestic violence, to;
(i) seek medical attention;
(ii) obtain services from a victim services organisation;
(iii) obtain psychological or other professional counselling;
(iv) relocate temporarily or permanently;
(v) obtain an order under the Domestic Violence Act 2018;
(vi) seek advice or assistance from a legal practitioner;
(vii) seek assistance from the Garda Síochána;
(viii) seek or obtain any other relevant services.
Domestic Violence Leave Pay
It has now been decided that Domestic Violence Leave will be paid at an employee’s normal pay, including any additional premiums and allowances, for a maximum period of 5 days in a consecutive 12-month period, which may be taken together or as separate days.
Notice to the Employer
According to the Act when an employee takes Domestic Violence leave, they shall, as soon as reasonably practicable thereafter, advise the Employer that they have taken such leave, and the notice shall specify the dates on which it was taken.
However, based on the current pronouncement, the employee need not have to produce any evidence to support their explanation.
Next Steps
Employers will need to look at rolling out policies and appropriate documentation for Domestic Violence Leave and to facilitate payments for the leave once the leave is finalised in the Autumn.
As always for further guidance and support, please contact our HR Support team and we will be happy to assist you.
By
John Barry
