Most small business owners don’t expect to deal with domestic violence leave until the first request lands on their desk.
But once it does, you’re suddenly balancing a lot at once: supporting your team member, keeping the business running, protecting privacy, and making sure you’re meeting your legal obligations.
The good news is that domestic violence leave in New Zealand is a clear statutory entitlement under the Holidays Act 2003 - and with the right systems, it’s something you can handle calmly and consistently.
Below, we’ll walk through what domestic violence leave is, who gets it, what you need to do as an employer, and some best-practice tips to keep your workplace safe and compliant (without turning it into an admin nightmare).
What Is Domestic Violence Leave (And What Can It Be Used For)?
Domestic violence leave is paid leave that eligible employees can take if they are affected by domestic violence.
Importantly, it’s not just time off to “recover”. In practice, domestic violence leave can cover a wide range of steps a person may need to take to keep themselves (or their children) safe.
Common Reasons An Employee Might Take Domestic Violence Leave
Domestic violence leave may be used for things like:
- getting medical attention (physical or psychological)
- accessing counselling or other support services
- relocating (including finding temporary accommodation)
- attending court hearings
- meeting with Police or a lawyer
- arranging care or schooling changes for dependants
- taking steps to increase safety at home or work (for example, changing locks or changing contact details)
From an employer perspective, the key point is that domestic violence leave is designed to help employees manage the practical impacts of domestic violence - not just the immediate incident.
Domestic Violence Leave Is Separate From Other Leave Types
Domestic violence leave is its own entitlement. It isn’t “sick leave by another name”, and you shouldn’t require an employee to use annual leave first (unless the employee chooses to).
That said, an employee may sometimes choose another option (for privacy reasons or because they’re not eligible yet), such as:
- sick leave
- annual leave
- unpaid leave
- flexible working arrangements (temporary or ongoing)
Best practice is to keep the conversation employee-led and focused on what support is needed, while making sure you’re still meeting minimum legal entitlements.
Who Is Entitled To Domestic Violence Leave NZ (And How Much Is It)?
In domestic violence leave NZ, the entitlement comes from the Holidays Act 2003.
Generally, eligible employees are entitled to 10 days of paid domestic violence leave in each 12-month period.
Eligibility: When Does The Entitlement Start?
An employee will generally become entitled once they have worked for you for 6 months and meet the eligibility rules in the Holidays Act (similar to sick leave eligibility).
This can include full-time, part-time, and fixed-term employees - and in many cases casual employees too, depending on their work pattern and whether they meet the “6 months” test under the Act.
If you’re not sure whether someone meets the eligibility threshold (for example, irregular hours or changing rosters), it’s worth getting advice early rather than guessing.
Does Domestic Violence Leave Accrue Or Roll Over?
Generally, domestic violence leave does not “accrue” over time like annual leave. Instead, once an employee becomes entitled, they have access to up to 10 days of domestic violence leave for the relevant 12-month period.
Importantly, unused domestic violence leave is not typically carried over into the next entitlement period - it refreshes each 12 months.
Because payroll settings don’t always match the law out-of-the-box, it’s smart to confirm how your payroll system handles domestic violence leave so you’re not accidentally recording (or paying) the wrong balance.
Is Domestic Violence Leave Always Paid?
If the employee is entitled and they take domestic violence leave, it is paid at their usual pay rate for the time they would otherwise have worked (using relevant daily pay / average daily pay concepts under the Holidays Act).
This is one reason it’s important to have accurate records of:
- their usual work pattern
- rosters and timesheets
- payroll calculations for leave
What Are Your Legal Obligations As An Employer?
When an employee requests domestic violence leave, your obligations aren’t just “approve the leave and pay it”. There are a few legal angles you need to manage at the same time.
1) Provide The Statutory Leave Entitlement
If an eligible employee requests domestic violence leave for a qualifying purpose, you must provide it in accordance with the Holidays Act 2003.
As a practical matter, it helps if your Employment Contract clearly refers to minimum leave entitlements and points employees to workplace policies that explain the process.
2) Act In Good Faith (Employment Relations Act 2000)
Under the Employment Relations Act 2000, you and your employee owe each other obligations of good faith.
In this context, good faith usually means:
- handling requests promptly
- not creating unnecessary barriers or delays
- communicating clearly about what you need to process the leave (without being invasive)
- not using the request as a trigger for unfair treatment or disciplinary action
3) Protect Privacy And Confidentiality (Privacy Act 2020)
Information relating to domestic violence is highly sensitive. Under the Privacy Act 2020, you should only collect and use personal information where it’s necessary, and you need to store it securely and limit access.
This is also where your internal practices matter. It’s worth aligning your approach with an Employee Privacy Handbook and your external-facing Privacy Policy (particularly if you hold employee data in cloud HR systems).
4) Provide A Safe Workplace (Health And Safety At Work Act 2015)
The Health and Safety at Work Act 2015 requires you to take reasonably practicable steps to ensure health and safety in the workplace.
Domestic violence can become a workplace risk (for example, if an abusive person knows where the employee works, or there’s stalking/harassment through work channels). Your obligations may include:
- thinking through practical safety controls (like changing shifts, screening calls, or adjusting reception procedures)
- making sure managers know how to respond appropriately
- supporting the affected employee without putting other workers at risk
This doesn’t mean you need to become a security expert overnight. It just means you should take the risk seriously and respond proportionately.
5) Avoid Discrimination Or Retaliation
Even if you’re trying to keep the business running, you need to be careful that an employee isn’t treated unfairly because they’ve disclosed domestic violence impacts or exercised their leave rights.
Practically, this means you should be cautious about knee-jerk decisions like:
- cutting shifts
- changing duties in a way that disadvantages the employee
- blocking promotion opportunities
- performance-managing someone for attendance without considering leave entitlements and support needs
If performance concerns exist independently, you can still address them - but it’s worth getting advice so you don’t accidentally create a personal grievance risk.
Can You Ask For Proof Of Domestic Violence Leave?
Yes - an employer can ask an employee for proof that they’re affected by domestic violence and need the leave.
But this is a situation where “can” doesn’t always mean “should”.
When It May Be Reasonable To Request Proof
It may be reasonable to request proof where:
- you need to verify the leave for compliance and payroll record-keeping reasons
- the request is for a significant amount of leave, or there are repeated requests, and you genuinely need confirmation to administer the entitlement
- the employee is comfortable providing proof and understands what is being requested
What Counts As “Proof”?
Proof does not need to be overly formal or detailed, and you should avoid requesting unnecessary information.
Depending on the situation, proof could include confirmation from an appropriate support person or organisation (for example, a health professional, Police, a refuge/support service, or a lawyer).
Even if you request proof, you should keep the approach supportive and privacy-focused. A good benchmark is: only ask for what you genuinely need to administer the leave, and avoid turning it into an “evidence test”.
If you’re building this into your internal documents, it’s usually best handled through a clear Workplace Policy that sets expectations for managers (including confidentiality and record-keeping).
How To Handle A Domestic Violence Leave Request: A Practical Employer Process
When you’re time-poor, the easiest way to stay compliant is to have a simple step-by-step process that you (and your managers) follow every time.
Step 1: Respond Quickly And Privately
Try to acknowledge the request as soon as possible and move the conversation to a private setting (or a phone call if the employee isn’t on-site).
If the request comes by email or text, be mindful that the employee’s devices may be monitored. Keep messages neutral and avoid sensitive detail unless the employee confirms it’s safe to communicate that way.
Step 2: Confirm The Basics (Without Digging For Details)
You typically only need to confirm:
- the dates/hours of leave needed
- whether the employee wants to take it as domestic violence leave (or another leave type)
- whether there are any immediate safety concerns at work
You don’t need a full backstory, and you should avoid “investigating”.
Step 3: Check Eligibility And Leave Balance
Before approving as domestic violence leave, confirm:
- the employee is eligible (e.g. has met the Holidays Act threshold)
- their current domestic violence leave balance for the relevant 12-month period
- how the leave should be paid (relevant daily pay/average daily pay)
If they’re not eligible yet, you can discuss alternatives (annual leave, unpaid leave, sick leave, flexible work), but be careful not to pressure them into a particular option.
Step 4: Decide Whether Proof Is Needed (And If So, Ask Carefully)
If you genuinely need proof, explain:
- what you’re asking for
- why you’re asking for it
- how it will be stored and who will see it
If the employee can’t provide proof immediately, you can consider granting leave first and following up later (especially where there’s urgency or safety concerns).
Step 5: Record The Leave Correctly (And Limit Access)
Make sure the leave is coded correctly in payroll and that records are kept securely.
As a rule of thumb, access should be limited to people who need to know (often payroll and one senior manager/HR contact). For small businesses, that might mean just you and your payroll provider.
Step 6: Consider Short-Term Workplace Adjustments
This is often what employees need most (and what employers forget to offer). Depending on the situation, consider:
- temporary roster changes
- changing work location or parking arrangements
- a different contact number or email address for work
- screening calls or visitors
- adjusted duties to reduce public-facing exposure
If you manage this through a Staff Handbook, you’ll be able to apply the same process consistently across your team (which also helps reduce legal risk).
Best Practice For Small Businesses: Getting “Supportive And Compliant” Right From Day One
Meeting the minimum legal entitlement is essential - but best practice is what helps you avoid confusion, complaints, and workplace risk later.
Here are practical steps that work well for small and growing teams.
Have A Clear Domestic Violence Leave Policy (Even If You’re Tiny)
You don’t need a 30-page HR manual. But you do want a simple policy that covers:
- who to contact to request domestic violence leave
- how to request it (including a safe option outside normal channels)
- how the business handles confidentiality
- when proof may be requested and what is acceptable
- how leave is recorded
- what other support may be available (flexible work, safety planning)
This is also a great chance to ensure your broader workplace documents are consistent - for example, your Workplace Policy and employment agreements shouldn’t contradict how you handle leave and privacy.
Train Managers On What To Do (And What Not To Do)
In a small business, the “manager” might be you, a supervisor, or a senior staff member.
The risk isn’t usually bad intentions - it’s uncertainty. A bit of training can prevent common mistakes like:
- asking probing questions
- sharing information “to explain rostering changes”
- treating the situation as a performance issue
- forgetting to record leave properly
Review Safety Risks That Could Affect The Workplace
If there’s any concern about an abuser coming to the workplace or contacting staff, consider:
- a simple plan for reception/front-of-house
- how to handle unwanted calls, emails, or visitors
- who calls Police if needed
- how you’ll communicate changes to relevant staff without breaching confidentiality
This is part of running a safe workplace, and it shows you’re taking your health and safety obligations seriously.
Be Consistent With Record-Keeping And Privacy
Domestic violence leave requests may come with sensitive documents (or sensitive conversations). Best practice is to:
- store information in a restricted-access folder (physical or digital)
- avoid putting detailed notes into general HR files
- avoid sharing details in scheduling systems where other staff can see notes
If your current systems are a bit ad hoc, tightening them up now can save you a lot of stress later.
Offer Flexibility Where You Can
Paid leave is crucial, but flexibility can be just as important - especially if someone is navigating court dates, relocation, counselling, or childcare changes.
Depending on your business, flexibility might include:
- temporary remote work
- shift swaps
- adjusted start/finish times
- a short-term change in duties
Not every business can offer every option (and you still need to run the business), but showing you’ve considered reasonable adjustments is usually a win for both workplace culture and legal risk management.
Key Takeaways
- Domestic violence leave is a statutory entitlement under the Holidays Act 2003, and eligible employees can generally access 10 days paid leave per 12-month period.
- Eligibility usually starts after 6 months of employment and meeting the Holidays Act threshold, which can apply to full-time, part-time, fixed-term, and some casual arrangements.
- Your obligations aren’t just about approving leave - you also need to manage privacy and confidentiality (Privacy Act 2020), good faith employment obligations, and workplace safety (Health and Safety at Work Act 2015).
- You may be able to request proof in some circumstances, but best practice is to keep requests reasonable, minimal, and trauma-informed.
- A simple, consistent internal process (and a clear policy) helps you respond quickly, record leave correctly, and avoid accidental privacy breaches.
- Having the right documents in place - like an Employment Contract, internal policies, and a staff handbook - makes it much easier to stay compliant as your team grows.
If you’d like help reviewing your domestic violence leave approach, updating your workplace policies, or getting your employment documents right from day one, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.
