Domestic Violence Leave Update
The Work-Life Balance and Miscellaneous Provisions Act 2023, introduced, earlier this year, Domestic Violence Leave, which came into effect from Monday 27th November 2023, and aims to provide support for victims of domestic violence.
Domestic Violence Leave Entitlement
Employees experiencing, or at risk of domestic violence, are now entitled to 5 days paid Domestic Violence Leave, within any consecutive 12-month period.
The leave can be taken without prior notice and can be used to access help from An Garda Síochána; source alternative accommodation; get a court order; seek medical attention; go to victim services organisations; seek counselling or other services.
This leave will be paid at the Employee’s regular pay and will include any additional premiums and allowances. Employers will need to ensure their payroll and recording systems allow for this new leave payment and that such payments are processed accordingly.
This leave may be taken together or as separate days.
Notice Given to Employer
When an Employee takes Domestic Violence Leave, they must inform their Employer they are going to, or have taken the leave and must also specify the dates on which the leave was taken, so that the Employer can give the appropriate support to the Employee during this time.
Employers should ensure payroll are appropriately notified where any payments are required, however, bearing in mind that it is advisable only essential information is shared for the purpose of payments required.
Details of domestic violence leave should be processed in accordance with General Data Protection Regulations (GDPR) and confidentiality should be maintained.
The Employee is not required to provide any evidence in support of the Domestic Violence Leave.
Next Steps for Employers
Employers are now also required to put in place a Domestic Violence Leave Policy and to keep a record of Domestic Violence Leave for a minimum of three years.
They should also nominate a designated contact person for the purpose of this policy and arrange for appropriate training.
A sample Domestic Violence Leave Policy and Domestic Violence Leave Request Form are available on the MSS HR Hub.
If you need any further guidance, please contact our HR Support Team and we will be happy to help you.
