Entitlements as an Employee and Obligations as an Employer
If an Employee has been affected by domestic violence, after six months of Employment they will be eligible to take up to and including ten days of domestic violence leave every twelve months. This Employee will be entitled to this domestic violence leave even if the domestic violence occurred prior to their Employment and regardless of when the domestic violence occurred.
During these ten days of leave, the Employee is entitled to be paid at their regular pay time, and the Employer is required to pay their Employee their standard rate when away due to domestic violence.
As with all types of leave, the Employee has an obligation to their Employer to inform them that they are wishing to take domestic violence leave and are as forth required to tell the Employer as early as possible before their next scheduled day of work. If this is not practical, the Employee needs to contact their Employer as soon as they possibly can to inform them of their intent.
Accompanying this request for domestic violence leave an Employer may require proof of the domestic violence to grant the Employee their leave. If the Employer requires this proof, and it is not able to be given they are not required to pay the Employee taking the domestic violence leave as stated above, purely as evidence has not been provided.
An Employee affected by domestic violence cannot have their ten days of domestic violence leave, per twelve months, carried over to the next year to make the following twelve months consist of twenty paid domestic violence leave days.
If you would like to talk to someone in depth about your obligation as an Employer in regards to the new Domestic Violence Leave, please feel welcome to contact Lynda Mathieson at Mathieson Chartered Accountants. Lynda is more than equipped to help navigate you through the sometimes-challenging changes in our New Zealand Employment Law.
Ph (03) 307 6455 Cell 027 5544747