The Domestic Violence—Victims’ Protection Act 2018 came into effect on 1 April this year.  This enactment makes a number of amendments to the legislation that governs our workplaces including the Employment Relations Act, Holidays Act and Human Rights Act.

The key changes to be aware of are:

  • Employees with over 6 months’ continuous employment are entitled to 10 days per year paid family violence leave
    • Any untaken leave is not carried forward
    • Untaken leave is not paid out on termination of employment
    • The domestic violence does not have to occurred during the term of the employment

  • Employees may request short term (up to 2 month) variations to their working arrangements
    • This could include changes to the hours, days, place of work or any other term of the employee’s employment that needs variation
    • The employer must deal with the request as soon as possible, but within 10 working days
    • An employer may require proof than an employee is a person affected by domestic violence but must ask for this within 3 days of receiving the request
    • Employer may only refuse requests if proof was required and not produced by the employee, or the request cannot be reasonably accommodated
  • Employees affected by domestic violence who experience adverse treatment or discrimination can raise a personal grievance or discrimination claim under the Employment Relations Act or Human Rights Act

Recommendations to consider for your workplace:

  • Include a domestic violence clause in your employment agreements
  • Introduce a domestic violence policy for your workplace
  • Raise general awareness of domestic violence and where employees can go for help
  • Provide leaders with training on how to manage those affected by domestic violence
  • Consider ways your organisation can further support those who are affected – things like offering car parking close by, chaperoning, changing phone numbers or email addresses etc

If you need some help applying this new legislation to your workplace please feel free to get in touch.

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Please do not substitute this article for professional advice.