The government plans to introduce a paid leave entitlement for victims of domestic violence.

People suffering or at risk of domestic violence will be entitled to five days of paid leave per year when the Work Life Balance Miscellaneous Provisions Bill becomes law.

Other measures outlined in the Bill include a right to request flexible working arrangements for caring purposes, for parents and carers; a right to leave for medical care purposes, both for employees with children up to age 12 and carers; and an extension to the current entitlement to breastfeeding/lactation breaks from six months to two years.

Green Party minister Roderic O'Gorman said: "We are committed to ensuring that every child gets the best start in life. Through a wide-ranging suite of measures, the Bill will provide additional flexibility to ensure that parents and carers can be supported to balance their working and family lives.

“Importantly, the Bill will also provide significant assistance to those who are suffering domestic, sexual or gender-based violence. Ireland will now become one of the first countries in Europe to introduce a right to paid leave for victims of domestic violence.”

In Association with

The domestic violence leave entitlement follows the Domestic Violence Leave Report prepared by O'Gorman's department.

That report noted significant concerns from employers regarding the risk and burden to the employer if they are called upon to adjudicate on whether the proof provided is sufficient to warrant leave.

Many employers also underscored the importance of ensuring the employee’s privacy is protected, and that the separation of home and work-life is maintained. GDPR and privacy related issues were also highlighted in the context of smaller businesses and rural communities where both the victim and alleged perpetrator maybe known to the employer.

Many employer representative groups expressed concerns for the financial and administrative burdens the introduction of paid domestic violence leave may place on the employer.

“These concerns are heightened by the dearth of available data on the numbers likely to avail of these supports making it difficult for employers to estimate the potential costs,” the report states.

Despite these employer misgivings, the report said that no notice period should apply for availing of domestic leave in emergency circumstances, though employees should be encouraged to provide notice where possible.

Under the proposals, the daily payment from the employer would be 70% of daily salary rate, capped at €110 per day. The entitlement will also apply to part-time employees on a pro rata basis.

Legislation underpinning domestic violence leave should be reviewed after two years to examine its effectiveness and assess issues of uptake, the report states.

As part of the review consideration may also be given to increasing the entitlement to 10 days’ leave in any period of 12 consecutive months, O'Gorman's civil servants recommended to their minister.

Officials in O'Gorman's department recommend that employees should qualify for the leave if they have been subject to an act of domestic violence, or if they need to attend to ongoing matters arising due to domestic violence, but that employers should retain the right to request reasonable proof.

Employment protections will be provided for under any legislation and employees will have recourse to the Workplace Relations Commission, according to the report.

Minister O'Gorman intends to introduce legislative provisions providing for a form of domestic violence leave as committee stage amendments to the Work Life Balance Bill.

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