1. Introduction
Section 8 of the Work Life Balance and Miscellaneous Provisions Act 2023 introduces a statutory right to paid domestic violence leave. The provision is a significant social policy innovation, providing protected leave and continuity of income for employees experiencing domestic violence.
This article addresses the domestic violence leave entitlement, the qualifying conditions, the rate of payment, the procedural protections, and the practical implications for both employers and employees.
2. Legislation and Case Law
Section 8 of the Work Life Balance and Miscellaneous Provisions Act 2023 provides that an employee who has been, or is being, subjected to domestic violence by a person specified in Section 8(2) is entitled to leave of absence with pay (referred to as domestic violence leave). The maximum entitlement is five days in any 12-month period.
Section 8(2) identifies the persons whose conduct may give rise to the entitlement: a spouse or civil partner; a person with whom the employee is or has been in an intimate relationship; the parent of a child of the employee; a person residing with the employee in a non-business relationship; and a person specified in subsequent regulations.
The Domestic Violence Leave (Rate of Daily Payment) Regulations 2023 (S.I. 525 of 2023) provide that the daily rate of payment is the employee’s ordinary daily rate of pay. There is no cap on the rate equivalent to the cap on statutory sick leave; domestic violence leave is paid at the full rate.
The leave is available for specified purposes, including seeking medical attention, obtaining counselling or psychological support, relocating, engaging with services such as An Garda Síochána, the courts or legal advisers, and protecting the safety of the employee or of dependants.
There is no statutory requirement for the employee to provide formal evidence of domestic violence. Employers are required to handle requests sensitively and confidentially.
3. Decision
Given the recent introduction of the domestic violence leave entitlement, there is limited WRC jurisprudence on the operation of the provision. The early decisions have addressed the procedural aspects of requests and the confidentiality requirements.
The Adjudication Officer has emphasised the sensitive nature of domestic violence leave and the importance of confidentiality. The employer’s response to a request must respect the employee’s privacy and must not require disclosure of unnecessary detail.
The Adjudication Officer has also emphasised the protective purpose of the leave. The leave is provided to enable the employee to take steps to protect themselves and any dependants. The employer’s response should facilitate that protective purpose rather than impede it.
Where the employer has refused a request or has handled a request in a manner that compromises confidentiality, the Adjudication Officer may award compensation reflecting the procedural breach and the impact on the employee.
4. Takeaway
For employers, the domestic violence leave entitlement requires a sensitive and confidential approach. Employers should have a clear policy, with confidential channels for requests, trained personnel for the receipt and handling of requests, and clear arrangements for the payment of the leave.
The policy should address the interaction between domestic violence leave and other leave entitlements, including statutory sick leave, force majeure leave and annual leave. In appropriate cases, the employee may have entitlements under multiple regimes.
For employees, the leave is a meaningful protection. Practitioners advising on employment matters in circumstances involving domestic violence should consider the leave entitlement alongside other available protections, including those under the Domestic Violence Act 2018 and protective orders.
The confidentiality of the leave is an important feature. Employees should be reassured that the employer is required to handle requests confidentially and that disclosure of the underlying circumstances is not a precondition of the leave.
5. Further information
This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.
6. About Crushell & Co
Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.
We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.
Connect: @CrushellLaw or www.wordpress-576593-6594403.cloudwaysapps.com
