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Blog  »  November 2023  »  Domestic Violence Leave - Blog
Nov 23

Posted by
Charlotte McArdle

Domestic Violence Leave

Domestic Violence Leave is part of the Work Life Balance and Miscellaneous Provisions Act 2023.

Any employee who has experienced in the past, or is currently experiencing domestic violence will have an entitlement to take paid leave for the following purposes:

• to seek medical attention
• to obtain services from a victim services organisation
• to obtain psychological or other professional counselling
• to relocate temporarily or permanently
• to obtain an order under the Domestic Violence Act 2018
• to seek advice or assistance from a legal practitioner
• to seek assistance from the Garda Síochána
• to seek or obtain any other relevant services

The entitlement is for employees to take up to five days of full paid domestic violence leave in any 12 consecutive months. Where an employee is absent from work for the purposes of domestic violence leave for part of a day, that will be counted as a full day of domestic violence leave.

Domestic violence leave applies to any person of any age who has entered into or works under a contract of employment, including part-time and fixed-term employees. As there is no service requirement specified in the Act, employees will be entitled to take domestic violence leave from their first day of employment should they need to do so.

The entitlement also extends to employees to take domestic violence leave for the purposes of assisting a ‘relevant person’ in the doing of any of the above listed actions.

A ‘relevant person’ is

• the spouse or civil partner of the employee
• the cohabitant of the employee
• a person with whom the employee is in an intimate relationship
• a child of the employee who has not attained full age
• a dependent person to the employee

Domestic violence is defined broadly under the Act to include violence or threat of violence, including sexual violence and acts of coercive control committed against an employee or a relevant person by another person.

Notification to Employers

Employees who take domestic violence leave must, as soon as reasonably practicable after having taken the leave, notify their employer of the fact that they have taken domestic violence leave and the dates on which it was taken.

The Act does not require employees to provide evidence to support their need to take domestic violence leave.

Posted in Employment Law