sign up Your signup was successful Subscribing..


< back

Paid leave for victims of domestic violence

By Kiren Narayanan - 26 Jul 2018

Under a new bill introduced into Parliament, victims of domestic violence will be entitled to up to 10 days' paid leave. We foresee some issues regarding proof for employers when this bill comes into effect next year.

The Domestic Violence - Victims Protection Bill was introduced to provide support to victims of domestic violence and has just passed its third reading. One of the biggest changes this bill introduces is domestic violence leave. Domestic violence leave is available for up to 10 days for each 12 months of employment but cannot be carried forward.

An employee becomes entitled to domestic violence leave after:

  • Six months' continuous employment; or
  • Having worked an average of 10 hours a week and for no less than one hour per week or 40 hours per month.

However, the employer and the employee may agree that this leave may be taken in advance.

The employer may require proof of domestic violence before approving such leave. A failure to provide such proof without reasonable excuse will mean that the employer is not required to pay the employee for that domestic violence leave until such proof is provided.

The bill doesn't say how an employee can prove that they have suffered from domestic violence. We expect this will be problematic, considering that domestic violence includes not only physical violence, but also psychological and sexual abuse.

This will come into effect on 1 April 2019.

Contact our employment law team if you have any queries.


Forward to a friend

Leave a comment