Let's talk law: Employment Law Changes

The new legislation is known as the Domestic Violence - Victims' Protection Act. Photo / File

On April 1, 2019 the next stage in the Government's employment law changes will be rolled out.

The latest reforms are designed to give employees in the workplace, who have been affected by domestic violence, greater protection and support in their current role.

Domestic violence is defined in legislation as violence, being physical, sexual or psychological abuse, by a person who is, or has been, in a domestic relationship with the individual.

Violence may be from a partner, family member, friend or anyone whom the individual lives with and may be a one-off occasion or a pattern of behaviour.

The new legislation is known as the Domestic Violence – Victims' Protection Act and introduces three key obligations on employers.

Firstly, employers are required to provide any employees, affected by domestic violence, up to 10 days of paid domestic violence leave per year.

This ensures employees have time to deal with the effects of domestic violence without the pressure of having to also be at work. To qualify, employees must have worked for their employer for at least six months or more.

Similar to sick leave or bereavement leave, an employee doesn't need their employer's agreement to take domestic violence leave – but they may need to show proof that they are a person affected by domestic violence if their employer requests.

Secondly, an employee affected by domestic violence is able to request a short-term change (two months or less) to their working arrangements.

These changes may include the location of work, hours of work, duties of the job or any other flexible arrangement that, in the employee's view, needs variation to allow them to deal with the effects of domestic violence.

Employees will need to make a request for a short-term change and employers must urgently respond (no more than 10 working days). Employers are only able to refuse a request where they do not receive proof of domestic violence, or the employee's request cannot be reasonably accommodated.

Lastly, the law protects an employee from being discriminated against, or treated adversely in their employment, because they are, or are suspected to be, a person affected by domestic violence.

In the same way that employers cannot discriminate on the basis of age or gender, employers are prohibited from discriminating against a current employee or a potential new employee on the basis that they may be a person affected by domestic violence and may be entitled to extra protections under the act. This is now reflected in the Human Rights Act 1993.

These new obligations are placed on employers regardless of how long ago the domestic violence occurred – even if the domestic violence pre-dates employment.

Furthermore, the protections are given to any employee who has personally had domestic violence inflicted on them, or, if a child they live with has been inflicted with domestic violence.