Domestic Violence Leave

What is Domestic Violence?

Domestic violence can take many forms. It can be physical, emotional, psychological, economic, sexual, or verbal with the result of the individual feeling intimidated or threatened. It can include the threat of violence.

Coercive control is also a form of domestic violence as it seeks to intimidate, isolate, and control the individual.

Click here to read about the signs of domestic violence.

How is domestic violence seen as a workplace issue?

Domestic violence can spill into the workplace should the perpetrator make inappropriate contact with the victim. This can include offensive emails, texts, phone calls or the perpetrator may attend the individual’s workplace with a view to carrying out further offensive behaviour. Work colleagues may be affected should they face any threats or intimidation from the perpetrator.

The perpetrator may also be employed in the same workplace and continue to harass the victim during working hours.

The effects of domestic violence can severely impact the individual on many levels. This in turn can influence productivity, morale, and well-being at work and accordingly becomes a workplace issue.

What is domestic violence leave?

If an employee is experiencing domestic violence, they may take paid leave from work for urgent matters relating to the situation. The leave could be used for counselling, medical visits, legal proceedings, accessing domestic violence services, looking for accommodation, seeking assistance from the Gardaí or other requirements related to the domestic violence situation.

This leave is provided for by the Work Life Balance and Miscellaneous Provisions Act 2023. From November 27th of 2023 employees have a legal entitlement to five days paid domestic violence leave if time off work is required to deal with matters arising from domestic violence.

For part-time workers this is available on a pro rata basis.

There is no service requirement to avail of this leave.

We would like to advise members to check their own company policy documents as the union has successfully negotiated in certain places of employment up to 10 days paid domestic violence leave.

You are entitled to take the leave if the perpetrator is one of the following:

Spouse
Cohabitant
Civil partner
Current or former intimate partner
Child who is over 18 and not financially dependent on you

How can I take the leave?

You can take the leave in a block of five days or broken up in single or multiple days as required. Please note that absence for part of a day is counted as one full day of domestic violence leave. Again, refer to your employer in situations whereby we have negotiated over the 5 days legal entitlement.

Do I receive full pay?

Yes, domestic violence leave is at your full rate of pay. For discretionary purposes, the type of leave should not be highlighted on your pay slip.

Do I have to give notice to my employer to take this leave?

No, this is not a requirement, however where possible employees should give notice.

Do I have to produce evidence of domestic violence to avail of the leave?

No, employees are not required to provide evidence. This is to ensure that paid domestic violence leave can be more accessible. Furthermore, all information regarding the leave must be treated confidentially. A company may retain records of confidential leave taken or details of personal safety plans, but these records must be stored securely and with all due confidentiality.

It is worth noting that where confidentiality cannot be maintained, it is only in exceptional circumstances where there are concerns about the safety of children or other vulnerable individuals, or where the company may be required to act to protect safety of its employees.

Can anybody else avail of domestic violence leave?

An employee may avail of domestic violence leave if they are supporting a relevant person. A relevant person is defined as someone who is currently experiencing domestic violence or has experienced it in the past that person in relation to the employee must be as follows:

Spouse or civil partner
Cohabitant
Intimate partner
Child who is under 18
Another dependent person

What can I expect from my employer?

In general, we believe employers should utilise the following three steps:

Reassure: This will entail responding sensitively to any disclosures while maintaining confidentiality. This also entails allowing the employee to make their own decisions on what actions to take.

Respond: The employer should respond appropriately to any disclosures with all due sensitivity and confidentially to employees experiencing domestic violence and provide appropriate support.

Refer: This involves providing the affected employee with contact details of specialist third party supports who are dedicated to assisting individuals affected by domestic violence.

What can I expect from my union?

Your union representative will listen with all due sensitivity in a non-judgemental way, the main objective being to signpost you as the affected employee to professional support and services. You will also be provided with appropriate representation for any direct dealings with the company as required through agreed internal processes and procedures.

What kind of supports I can I avail of?

There are internal and external supports. Your company may have an employee assistance program in place in which case you may contact them.

Also, several external support services available as follows:

External Support Services: