Home | Browse Topics | Jobs, Benefits & Flats | Employment: Conditions & protections | Family violence leave

Jobs, Benefits & Flats

Holidays and annual leave

Family violence leave

In general, once you’ve been in your job for six months you have the right to take up to 10 days’ paid leave in any one year to help you deal with the effects of family violence.

Who can take family violence leave?

Holidays Act 2003, ss 72B, 72C, 72E, 72G

You can take family violence leave if:

  • you are a victim of family violence, whether the violence is still going on now or happened sometime in the past (even before you started this current job), or
  • a child who lives with you is a victim, or has been a victim, of family violence. This could be your own child or someone else’s. The child doesn’t have to be living with you all the time – it’s enough if they usually live with you, or live with you “periodically” (every second week for example).

If you intend to take family violence leave you have to tell your boss as early as possible before you were supposed to start work or, if that’s not realistic, as early as possible after that.

What proof do I have to give of the family violence?

Holidays Act 2003, s 72G

Your boss can require you to provide proof of the violence if you want to take family violence leave. The law doesn’t say what kind of proof you need to give, but the government’s Employment New Zealand website says the proof can take any form, go to www.employment.govt.nz and search “domestic violence leave”.

For example, it could be an official court or police document, like a Protection Order from the Family Court. But Employment NZ says it could also be something less official – for example, a letter from a family violence support service or a support person, or a report from a doctor or nurse.

How much family violence leave can I take?

Holidays Act 2003, s 72H

You have the right to take 10 days’ family violence leave in any one year.

You can’t carry over any of this leave from one year to the next.

How long do I need to have worked at the job before I can take family violence leave?

Holidays Act 2003, s 72D

In general you’re entitled to family violence leave after your first six months of continuous employment.

But even if you haven’t worked there continuously for six months, you’ll still qualify for family violence leave if you have, over a six-month period, worked for your employer for:

  • at least 10 hours a week on average, and
  • either at least one hour every week, or at least 40 hours in every month.

Your employer can agree to allow you to take family violence leave in advance, before you become entitled to it. That leave will then be deducted from the amount you later become entitled to.

Next Section | Parental leave

Did this answer your question?

Employment: Conditions & protections

Where to go for more support

Community Law

www.communitylaw.org.nz

Your local Community Law Centre can provide free initial legal advice and, depending on your situation, may also be able to provide ongoing support.

“Pregnancy Rights: Your legal options during and after pregnancy” (booklet)

This booklet contains practical answers to questions about pregnancy and the law, and includes information on sexual health and consent, options after a positive pregnancy test, healthcare, education, housing and more.

Order hard copies from:

Community Law Wellington and Hutt Valley

Phone (04) 499 2928

Email: publications@wclc.org.nz or visit www.communitylaw.org.nz to buy a copy or access free online

Ministry of Business, Innovation & Employment

www.employment.govt.nz

Free phone 0800 20 90 20, for general enquiries about employment relations, pay and holidays.

The Employment website of the Ministry of Business, Innovation & Employment publishes a range of publications on employment relations and minimum rights at work.

Labour inspectors

Labour inspectors monitor and enforce minimum employment conditions. To refer a problem to a labour inspector, you contact the Ministry of Business, Innovation & Employment on:

Free phone 0800 20 90 20

Worksafe New Zealand, Mahi Haumaru Aotearoa

www.worksafe.govt.nz

Free phone: 0800 030 040

Worksafe New Zealand’s website has a range of information and publications on workplace health and safety issues.

Parental leave payments

www.ird.govt.nz/topics/paid-parental-leave

The Inland Revenue website has information on parental leave payments.

Whistle-blowing (“Protected disclosures” by employees)

www.ombudsman.govt.nz

Free phone: 0800 802 602
Email: info@ombudsman.parliament.nz

The Office of the Ombudsman provides information and guidance to employees about making a protected disclosure.

New Zealand Council of Trade Unions, Te Kauae Kaimahi

www.union.org.nz

Phone: (04) 385 1334
Email: info@nzctu.org.nz

The NZCTU is the umbrella body for affiliated unions covering every job and industry in New Zealand. It can provide information about which union may cover the type of work you do.

Also available as a book

The Community Law Manual

The Community Law Manual is a trail-blazing resource that helps Kiwis (and their advocates) help themselves. The Manual contains over 800 pages of easy-to-read legal info, on just about every area of community and personal life. Re-released every year in July, the Manual provides comprehensive answers to common legal questions.

Buy The Community Law Manual

Help the manual

Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.

Donate Become a Supporter

Find the Answer to your Legal Question

back to top