Domestic Violence—Victims' Protection Act 2018

New subpart 5 of Part 2 inserted

31 New subpart 5 of Part 2 inserted

After section 72, insert:

Subpart 5—Domestic violence leave

72A Purpose of this subpart

The purpose of this subpart is to provide employees who are people affected by domestic violence with a minimum entitlement to paid leave for the purpose of assisting the employees to deal with the effects on the employees of being people affected by domestic violence.

72B Meaning of person affected by domestic violence

(1)

In this subpart, a person affected by domestic violence means a person who is 1 or both of the following:

(a)

a person against whom any other person is inflicting, or has inflicted, domestic violence:

(b)

a person with whom there ordinarily or periodically resides a child against whom any other person is inflicting, or has inflicted, domestic violence.

(2)

In this section, child has the meaning given to it in section 2 of the Domestic Violence Act 1995.

Entitlement to domestic violence leave

72C Entitlement to domestic violence leave

An employee may take domestic violence leave—

(a)

if the employee is a person affected by domestic violence (regardless of how long ago the domestic violence occurred, and even if the domestic violence occurred before the person became an employee); and

(b)

in accordance with sections 72D and 72H.

72D When entitlement to domestic violence leave arises

(1)

An employee is entitled to domestic violence leave—

(a)

after the employee has completed 6 months’ current continuous employment with the employer; or

(b)

if, in the case of an employee to whom subsection (1)(a) does not apply, the employee has, over a period of 6 months, worked for the employer for—

(i)

at least an average of 10 hours a week during that period; and

(ii)

no less than 1 hour in every week during that period or no less than 40 hours in every month during that period.

(2)

Domestic violence leave must be provided—

(a)

to an employee to whom subsection (1)(a) applies, for—

(i)

the 12-month period of continuous employment beginning at the end of the 6-month period specified in that subsection; and

(ii)

each subsequent 12 months of current continuous employment:

(b)

to an employee to whom subsection (1)(b) applies, for—

(i)

the 12-month period of employment beginning at the end of the 6-month period specified in that subsection; and

(ii)

each subsequent 12-month period of employment as long as the circumstances referred to in subparagraphs (i) and (ii) of that subsection continue to apply.

(3)

However, an employer and employee may agree that—

(a)

the employee may take domestic violence leave in advance; and

(b)

in the case of domestic violence leave taken in advance, the amount of leave taken is to be deducted from the employee’s entitlement under this section.

72E Employee must notify employer of intention to take domestic violence leave

An employee who intends to take domestic violence leave must notify the employer of that intention—

(a)

as early as possible before the employee is due to start work on the day that is intended to be taken as domestic violence leave; or

(b)

if that is not practicable, as early as possible after that time.

72F Domestic violence leave need not be paid out

An employee is not entitled to be paid for any domestic violence leave that has not been taken before the date on which the employee’s employment ends.

72G Proof of domestic violence

An employer may require proof that an employee is a person affected by domestic violence to be produced for domestic violence leave taken under section 72C.

72H Duration of domestic violence leave

An employee—

(a)

may take up to 10 days’ domestic violence leave in each of the 12-month periods specified in section 72D(2); and

(b)

cannot carry forward any domestic violence leave not taken in any of those 12-month periods.

Payment for domestic violence leave

72I Payment for domestic violence leave

(1)

An employer must pay an employee an amount that is equivalent to the employee’s relevant daily pay or average daily pay for each day of domestic violence leave taken by the employee that would otherwise be a working day for the employee.

(2)

Despite subsection (1), an employer is not required to pay an employee for any time for which the employee is paid weekly compensation under the Accident Compensation Act 2001 or former Act.

(3)

An employer must not require an employee to take as domestic violence leave any time for which the employee is being paid—

(a)

first week compensation by the employer under section 97 of the Accident Compensation Act 2001 or former Act; or

(b)

weekly compensation for a work-related injury within the meaning of that Act or former Act.

(4)

However, if an employer pays the difference between the employee’s first week compensation or weekly compensation and ordinary weekly pay, the employer may agree with the employee that the employer may deduct from the employee’s domestic violence leave entitlement 1 day for every 5 whole days that the employer makes that payment.

72J When payment for domestic violence leave must be made

(1)

An employer must pay an employee for domestic violence leave in the pay that relates to the pay period in which the leave is taken.

(2)

However, if an employee is required to provide proof under section 72G and fails, without reasonable excuse, to do so, the employer is not required to pay the employee for any domestic violence leave in respect of which the proof is required until the employee complies with that requirement.