Tragically, New Zealand continues to have one of the highest rates of family violence in the OECD. Family violence leave is a key legal entitlement, designed to support employees affected by family violence by providing paid time off to address personal challenges without workplace stress. Despite its introduction in 2019, many employers and employees remain unaware of this leave type.
What is Family Violence Leave?
Family violence leave is a statutory entitlement under the Holidays Act 2003. It allows employees who are affected by family violence to take up to 10 days of paid leave each year. This leave is separate from annual leave, sick leave, and bereavement leave, ensuring that employees have dedicated time to manage the impacts of family violence.
Who is Eligible?
Employees who have been working for their employer for at least six months are eligible for family violence leave. This includes employees who have worked an average of 10 hours per week and at least one hour per week or 40 hours per month during that period. All employees qualify for family violence leave regardless of employment type (permanent, part time or casual) as long as the above requirements are met.
How Can Family Violence Leave Be Used?
The leave is designed to provide employees with the opportunity to address issues arising from family violence. This may include:
- Seeking medical attention for injuries caused by family violence.
- Accessing support services such as counselling.
- Relocating to a safer living environment.
- Attending court hearings or seeking legal advice.
- Making safety arrangements for themselves or their children.
Confidentiality is Key
It goes without saying that employers are required to maintain strict confidentiality regarding an employee’s use of family violence leave. This ensures that employees can access the support they need without fear of stigma or discrimination.
Upcoming Law Change
The government has announced the Holidays Act 2003will be repealed and replaced with a new Employment Leave Act to simplify leave entitlements. Under the proposed legislation, employees will be entitled to family violence leave from their first day of employment (rather than having had to work for their employer for 6 months as above). Under the new law, these entitlements will still be calculated in ‘days’ but employees will be able to use ‘part-days’ of leave.
Get in Touch
For any employment law inquiries contact Blackwood Montagna for expert guidance and support.
