The introduction of legislation providing for Domestic Violence Leave is a progressive step forward, with Ireland being one of the first EU countries to introduce paid domestic violence leave for employees.

What you need to know

Under the new provisions of the Work Life Balance Miscellaneous Provisions Act 2023, employees are entitled to up to five days of paid Domestic Violence Leave within a 12-month period if they are experiencing, or have experienced domestic violence, or if they are supporting a Relevant Person (co-habitant, dependent child, spouse or civil partner, or a person they are in an intimate relationship with), who is experiencing or has experienced domestic violence. Reasons for this leave can include:

• Seeking medical attention: Employees can use this leave to consult with healthcare professionals regarding their well-being or assist the relevant person in doing so;
• Attending victim services organisations: This allows employees time to access or assist relevant persons in accessing support services specifically designed for victims of domestic violence;
• Obtaining counselling: Employees can seek professional counselling or assist a relevant person in doing so to address the emotional and psychological impact of domestic violence;
• Seeking legal advice: Whether from legal practitioners or the Gardaí, this leave facilitates seeking legal guidance; or
• Accessing other essential services: This leave can also be used to address various other relevant services related to domestic violence.

Importantly, this leave is granted at full pay to counteract the financial control often exerted by perpetrators of domestic violence.

Recognising domestic violence can strike unexpectedly, employees can now retrospectively avail of this leave without prior notice. The legislation requires employees to notify their employer promptly, without the need for documentary evidence.

Additional relevant rights within the legislation include:

• Protection against penalisation: Employees who take domestic violence leave are shielded from any adverse consequences;
• Preservation of employment rights: Taking this leave should not negatively impact an employee’s overall employment rights; and
• No minimum service requirement: All employees, regardless of length of service, can access this vital leave.

Employers must maintain records of any domestic violence leave taken by employees, noting the relevant employee’s period of employment and the dates on which they took leave.

Your Domestic Violence Leave Policy

Whilst not a legal requirement, MSS – The HR People, strongly encourages all employers to review and update their policies and handbooks to incorporate this new employee entitlement. To assist with this, the Irish Government, working with Women’s Aid, has released a Guidance Document and Template Policy to support employers in effectively implementing domestic violence leave (available at dvatwork.ie). This document focuses on three fundamental principles for the safe and effective operation of domestic violence leave:

• Confidentiality: Ensuring that employees feel secure and protected when seeking assistance;
• Employee-led approach: Recognising that each situation is unique and allowing employees to drive the process; and
• Leveraging existing practices and policies: Integrating domestic violence leave seamlessly into broader organisational responses.

This document aims to assist employers in seamlessly embedding domestic violence leave into their overall workplace policies and practices.

The Guidance Document also provides practical suggestions, including:

• Designated personnel: Appointing a specific individual responsible for implementing the provisions of the 2023 Act;
• Training and support for designated personnel: Equipping them with the tools to handle sensitive situations effectively;
• Streamlined and confidential support access: Ensuring employees can easily access support without fear; and
• On-site facilities: Ensuring employees who typically work from home can access necessary facilities.

Conclusion

Domestic violence leave is a critical step toward creating a supportive and compassionate workplace. By acknowledging the impact of domestic violence and providing necessary leave, employers empower their employees to seek safety, healing, and legal recourse.

MSS – The HR People: For more information about MSS – The HR People, go to mssthehrpeople.ie or call 01 887 0690.

Safe Pharmacy

There are over 1,100 pharmacies across the 26 counties signed up to Safe Pharmacy, allowing a safe place for victims of domestic abuse to access specialist support services and An Garda Síochana, or a family member.

More information/Register: For more information and to register as a Safe Pharmacy please go to ipu.ie > Safe Pharmacy.

Training: A free online training course is also available to all pharmacy staff. For more information go to ipu.ie > Safe Pharmacy > Safe Pharmacy Information > Safe Pharmacy Resources.