Family Violence Leave – A Quick Guide for N.Z Employers
Family violence leave is a statutory entitlement designed to support employees who are affected by family violence.
New Zealand employers have legal obligations under the Holidays Act 2003 (as amended by the Domestic Violence – Victims’ Protection Act 2018) to provide paid leave and flexible working arrangements to employees experiencing family violence. Proper management of this entitlement is crucial for compliance, risk management, and creating a supportive workplace.
Family Violence Leave Entitlement
Employees become entitled to paid family violence leave when they have:
Completed 6-months’ continuous employment, or
Met the Act’s alternative work average hours test over a 6-month period.
Entitlements apply to full time, part time, fixed term, and casual employees, provided the eligibility threshold is met.
Once eligible, an employee may take:
Up to 10 days’ paid family violence leave in each 12-month entitlement period.
Family violence leave is separate from and additional to sick leave, annual leave, bereavement leave and other statutory or contractual leave types.
When Can Family Violence Leave Be Taken?
Employees may take family violence leave when:
They are affected by family violence; or
A child who lives with them has been affected by family violence.
Family violence includes physical, sexual, and psychological abuse under the Family Violence Act 2018.
There is no time limit on when the violence occurred – it can have happened years earlier, including before the employee commenced employment.
Payment and Calculations
Employers must pay family violence leave at the employee’s:
Relevant Daily Pay (‘RDP’), or
Average Daily Pay (‘ADP’) where RDP cannot be determined.
Employers cannot require the employee to use other leave (such as annual leave) instead of family violence.
If an employee becomes entitled to family violence leave while already on annual holidays, the employer must allow the employee to convert that period to family violence leave.
Unused family violence leave is not paid out on termination and cannot be carried over to another year.
Notice and Proof Obligations
Employees are required to let their employer know as early as possible before the day they intend to take family violence leave.
Employers may request proof that the employee is affected by family violence, but the statutory threshold for evidence is low, e.g., a statutory declaration or documentation from a support worker, lawyer, police, or medical professional will suffice. A rigid “high bar” proof request may be unlawful.
Employer Responsibilities and Good Faith
In addition to granting family violence leave:
An employer must never adversely treat employees because they have experienced family violence such as demotion, dismissal, or disadvantage in pay or conditions.
Protect privacy and confidentiality of any information shared.
Consider requests for flexible work arrangements or short-term adjustments (up to 2 months) where appropriate.
Ensure employees on family violence leave are not treated less favourably than other employees.
Flexible Working Arrangements
Flexible working arrangements are an important tool to support employees affected by family violence. These arrangements help employees remain safely engaged at work during ongoing situations.
Employers should consider:
Temporary changes to start/end times to avoid contact with a perpetrator.
Remote or home working if feasible.
Adjusted workloads or duties for safety or stress management.
Flexible leave scheduling around court dates, counselling, or medical appointments.
Employers must to respond to a flexible working request as soon as possible but not later than 10 working days after receiving it.
Legal and practical considerations:
Flexible arrangements are not automatic but should be considered in good faith under the Employment Relations Act 2000.
Employers must ensure requests are assessed fairly and confidentially, balancing operational needs with employee safety.
Good practice encourages case-by-case discussions and documented agreements to protect both the employee and the business.
Case Law Snapshot – What Recent Decisions Tell Employers
RDJ v SGF [2023] NZERA 462
The employee was affected by family violence involving his ex-partner (the company’s director). He applied to take family violence leave during his notice period, but the employer asked for proof and then declined the request, despite the evidence he provided (e.g., abusive texts and injury photos), and despite the decision being made by someone closely involved in the family dispute. During the same notice period, the employer also treated some leave as unpaid.
Authority’s Findings:
The statutory test for proof of family violence is low – “any proof” that an employee has been affected is sufficient.
A reasonable employer would have granted the family violence leave based on the evidence supplied.
Handling the request in the manner the employer did, and with improper decision-makers involved, was unjustified disadvantage under the Employment Relations Act 2000.
The employee was awarded over $9,000 in financial remedies (excluding the employer’s legal costs).
Employer Takeaway: When an employee requests family violence leave, employers must act reasonably, with a low threshold for proof, and avoid conflicts of interest in decision‑making. Declining a valid request or outsourcing decisions to someone involved in the personal dispute can lead to adverse findings and compensation awards.
Tips for Managing Employer Compliance
Develop a clear policy covering eligibility, leave, flexible work, etc.
Train managers and HR staff on low evidence thresholds and impartial decision-making.
Provide confidential communication channels for leave and flexible work requests.
Document leave approvals and flexible working arrangements securely
Review payroll processes to ensure accurate daily pay for leave.
Respond promptly to leave and flexible working requests.
Employer Takeaway
Family violence leave is a statutory right. Employers who apply the law correctly, support flexible working arrangements, and act in good faith can mitigate legal risk, maintain a safe workplace, and provide meaningful support to employees facing difficult circumstances.
Compliance Warning
Failure to comply with statutory family violence leave obligations can expose employers to legal claims, remedies and reputational risk. Common areas of non-compliance include:
Incorrect eligibility assessment: Denying leave to employees who meet the six-month eligibility test.
Unreasonable proof requirements: Imposing an overly high burden of evidence.
Adverse action or discrimination: Penalising employees because they have experienced family violence.
Breach of confidentiality: Mishandling sensitive information provided by the employee.
These risks and reinforce the need for timely, fair, and confidential handling of family violence leave request.
This article is provided for general information only and does not replace professional advice. Employers should seek advice specific to their circumstances from Employer Pro if in doubt on their legal obligations associated with managing family violence leave and related issues. Employer Pro has a range of employer focused resources and services available through our competitive Employer Protection Packages.
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