From 27 November 2023, Irish employees will have a statutory entitlement to paid domestic violence leave for five days in any 12-month period at their full rate of pay.
This is one of several additional statutory entitlements for workers introduced under the Work Life Balance and Miscellaneous Provisions Act 2023 (2023 Act). The 2023 Act transposes the EU Work Life Balance Directive into Irish law. While the 2023 Act was enacted in April 2023, some parts of the new legislation, including domestic violence leave, have yet to commence
Domestic violence is defined as actual or threatened violence including sexual violence and acts of coercive control committed against an employee or a relevant person. 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, the child of the employee who has not attained full age or a person who, in relation to the employee is a dependent person. An employee can avail of this leave to assist a “relevant person”.
Domestic violence can be carried out by a person who is the spouse or civil partner of the employee/relevant person; the cohabitant of the employee/relevant person; in an intimate relationship with the employee/relevant person; or a child of the employee/relevant person who is of full age and not a dependent person in relation to the employee/dependent person.
The purpose of domestic violence leave is to enable affected employees to seek medical help, obtain counselling, relocate, or seek advice.
To ensure that the leave is accessible to those who need it, the 2023 Act does not provide any grounds on which an employer can refuse a request from an employee to avail of the leave. An employer cannot request proof of domestic violence, and there is no service requirement. Employees must notify their employer “as soon as reasonably practicable” after taking the leave that they have availed of domestic violence leave.
Women’s Aid was commissioned by the government to publish support materials for employers to assist them in developing their workplace domestic violence support policies. A policy template and guidance note for employers are now available on the Women’s Aid website.
Other new or enhanced statutory entitlements
The 2023 Act also introduced other new or enhanced statutory entitlements.
Medical Care Leave
Employees are now entitled to take five days of unpaid medical care leave in any consecutive 12-month period to care for certain persons who need significant care or support for a serious medical reason. This leave has been available to employees since 3 July 2023.
Breastfeeding arrangements
Employees who are breastfeeding are entitled to reduce their working hours or receive paid time off for breastfeeding. The 2023 Act extended this entitlement from six months after the birth of a child to two years. This change took effect on 3 July 2023.
Request for remote working arrangements
Employees may soon request a remote working arrangement. Six months service is required before an employee can begin such an arrangement. There is no entitlement to a remote working arrangement, and employers can refuse such a request provided reasons for refusal are given to the employee. The right to request such an arrangement has yet to come into effect.
Request for flexible working arrangements for caring purposes
Employees may now request a flexible working arrangement to provide care to a child or certain persons in need of significant care or support for a serious medical reason. Flexible work can be an adjustment to the employee’s working arrangements, work patterns and/or working hours. Six months service is required before an employee can begin such an arrangement. There is no entitlement to a flexible working arrangement, and employers can refuse such a request provided reasons for refusal are given to the employee. The right to request such an arrangement has yet to come into effect.
Next steps for employers
Employers should ensure that their existing family and caring leave policies are compliant with the provisions of the 2023 Act that relate to medical care leave and the extension of breastfeeding arrangements, as these have already come into effect. Employers should also consider what policy amendments and changes to work practices will be required once the new statutory entitlements relating to (1) domestic violence leave, (2) the right to request remote working arrangements and (3) the right to request flexible working arrangements for caring purposes come into effect.
How can we help you?
Our Employment and Benefits team is here to help you ensure compliance with the 2023 Act. For further information, please contact Alicia Compton, Jeffrey Greene or your usual William Fry contact.
See the Work Life Balance and Miscellaneous Provisions Act 2023 here.
This article is up to date as of 23 November 2023.
Contributed by Ellen O’Duffy
