What is domestic violence leave?

If you are experiencing domestic violence and abuse, you may need to take time off work for urgent and essential matters. This could be for medical visits, legal proceedings, counselling, looking for alternative accommodation, or accessing domestic violence services. It might not be possible to do these things outside your work hours, or you may need to keep them hidden from your abuser. The domestic violence can be ongoing or have occurred in the past and includes violence, or a threat of violence, including emotional, physical, sexual, digital, and economic abuse and coercive control. Abuse can happen to anyone at any age and in any type of relationship.

Who can apply?

All employees who have experienced or are currently experiencing abuse are entitled to domestic violence leave. You do not need to be working in your job for a certain amount of time to qualify. You are eligible if the person perpetrating the domestic violence and abuse is your spouse or civil partner; cohabitant, current or former intimate partner (boyfriend, girlfriend, or ex); or a child who is over 18 and not financially dependent on you. You are also eligible for domestic violence leave if you are supporting a ‘relevant person’. You should contact your local CIC for more information on who is considered a ‘relevant person’.

How can I use the domestic violence leave?

The leave can be taken to allow you, or the person you are supporting, to do any of the following: get medical help; access services from a victim services organisation; access counselling; relocate temporarily or permanently; get a safety order from the courts; get help or advice from a legal practitioner like a solicitor; get help from the Garda Síochána; access any other relevant services

How much domestic violence leave is available?

You have a right to five days of domestic violence leave in any consecutive 12 months. This is the statutory entitlement (legal minimum). Your employer can give you more than the statutory entitlement and they may give you additional paid or unpaid special leave if needed.

If you work part-time, you are entitled to domestic violence leave on a pro-rata basis. This means, for example, if you work 50% of a normal working week, you are entitled to 2.5 days’ leave.

The leave does not need to be taken all at once. It can be taken as single or multiple days. An absence for part of a day is counted as one day.

Will my pay be affected?

Domestic violence leave is paid by your employer at your full rate of pay. Your employer should not make any reference to domestic violence leave on your payslip.

How do I apply?

Check if your employer has a workplace domestic violence policy and follow the process to apply for the leave and other supports available.

Do I need to give notice to my employer?

You do not have to give your employer notice to take domestic violence leave in emergency circumstances. You should give notice if you are able to, or as soon as you practically can after taking it.

Can my employer ask for proof?

You are not required to give your employer any supporting information or evidence when requesting domestic violence leave. There might be exceptional situations where your employer could ask for supporting documents, but this would be rare and is not in line with the intentions of the law.

Your employer should treat any information you disclose about domestic violence with the utmost sensitivity and confidentiality. They should only share the information with those who need it for safety plans or administering domestic violence leave. Ideally, your employer should get your written permission before sharing any information.

Sharing information does not always mean breaking confidentiality. Your employer can find ways to share details without revealing your identity or the fact that you disclosed domestic violence.

What if my employer refuses to allow me take DV leave?

If you have a complaint or dispute with your employer over domestic violence leave, you should raise it with your employer first. If you cannot resolve the issue directly with your employer, you can make a formal complaint to the Workplace Relations Commission (WRC). You can contact your local Citizens Information Centre to discuss your complaint.

Where can I get more information?

You can get more information on the support organisations and services if you are a victim of abuse or are helping someone who is a victim of domestic abuse from West Cork Beacon, Tel 027 53847. The DV at Work website, www.dvatwork.ie  has guidance on workplace supports and a policy template for employers.