The Domestic Violence – Victims’ Protection Act 2018 adds legal protections in the workplace for people affected by domestic violence. It requires that workplaces allow victims of violence, and people supporting child victims of violence to take up to 10 days’ leave, work flexibly and not be treated adversely in the workplace.

Domestic violence, also known as family violence, is forms of violence in family and intimate relationships. Family violence can be physical, sexual or psychological abuse.

Employees who have been affected by family or sexual violence can take paid domestic violence leave if:

• they have six months’ current continuous employment with the same employer, or
• they have worked for the employer for six months for:
  • an average of 10 hours per week, and
  • at least one hour in every week or 40 hours in every month.

‘A person affected by domestic violence’ is someone who is currently experiencing, or has previously experienced, domestic violence. This also includes anyone living with a child who is currently experiencing, or has previously experienced, domestic violence.”

It does not matter when the domestic violence took place. The Act covers people who experienced domestic violence before they began working for their current employer or before the law changed on 1 April 2019.

The Act does not cover:

• people who use violence, and may (for example) need to move out of their home
• people supporting someone else (other than a child with whom they live) affected by domestic violence
• victims of a sexual assault/rape, that is not related to domestic violence

Note: the Act does not require employers to offer Domestic Violence Leave and flexible working arrangements to these people. However, that does not mean workplace policies shouldn’t include them.

The Act gives employees affected by domestic violence the right to:

• take at least 10 days of paid domestic violence leave. This is separate from annual leave, sick leave and bereavement leave. See Managing family violence leave on the Employment NZ website.
• ask for short-term flexible working arrangements. This can be for up to 2 months.
• not be treated adversely in the workplace because they might have experienced domestic violence. This is discrimination. 

No. The Act gives employers the right to ask for evidence, but it does not require it. Although a high-risk situation may have a police report attached, most of the violence taking place today will never come to the attention of the police or professional services. Someone experiencing violence may not have “proof” to give, and this doesn’t mean they don’t need to take leave.

There’s no one way to do this, but here are some practical suggestions:

• Include a confidentiality clause in your Domestic Violence Policy, that limits knowledge of an individual’s situation to their manager and payroll – although the Act does not require it, a fear of their situation being shared could discourage people from coming forward.
• Be flexible – allow people to put their request through to whomever they feel most comfortable with.
• Have information on hand to be able to support people. Check out some of our other pages - such as How To Help, Legal Information, Relationship Check, Adult Services and resources. Or pick up the phone – we’re here to help.

Aviva also runs Let’s Talk/Me Korero workshops, which aim to help workplaces have conversations about family and sexual violence. For more information, visit the Let's Talk page.

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