Family Violence Leave in New Zealand: Employer's Guide

New Zealand was one of the first countries in the world to introduce paid family violence leave as a statutory entitlement. Since April 2019, all employees affected by family violence have been entitled to up to 10 days of paid leave per year under the Domestic Violence—Victims’ Protection Act 2018 (which amended the Holidays Act 2003 and the Employment Relations Act 2000).

For employers, this means new obligations around leave entitlements, confidentiality, flexible working, and workplace safety. This guide covers everything you need to know to comply with the law and support affected employees.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your organisation, consult a qualified employment lawyer or visit Employment New Zealand.

What Is Family Violence Leave?

Family violence leave is a paid leave entitlement for employees who are affected by family violence. It is separate from sick leave, annual leave, and bereavement leave. The leave can be used for a wide range of purposes related to the employee’s experience of family violence, including:

• Attending court proceedings (protection order hearings, criminal cases)
• Moving to a new address or finding safe accommodation
• Attending medical appointments (physical or mental health)
• Attending counselling sessions
• Meeting with lawyers or support agencies
• Enrolling children in a new school
• Any other purpose connected to the family violence

The definition of “family violence” is broad. It includes physical, sexual, and psychological abuse, as well as economic abuse, intimidation, harassment, damage to property, and threats of violence. It covers violence by a spouse or partner, family member, household member, or person in a close personal relationship with the employee.

Who Is Entitled to Family Violence Leave?

All employees are entitled to family violence leave from their first day of employment. There is no qualifying period — unlike annual leave (which requires 12 months) or sick leave and bereavement leave (which require six months).

This includes:

• Full-time employees
• Part-time employees
• Casual employees
• Fixed-term employees
• Employees on probation

The entitlement is available to any employee who is affected by family violence, regardless of when the violence occurred. The employee does not need to be currently experiencing violence — they may need leave to deal with the aftermath of past violence.

How Much Leave Is Available?

Employees are entitled to 10 days of paid family violence leave per year. The 10-day entitlement:

• Is available from the first day of employment
• Refreshes every 12 months from the employee’s start date
• Does not carry over — unused days are lost at the end of each 12-month period
• Does not get paid out on termination — unlike annual leave, untaken family violence leave has no cash value when employment ends

Why Doesn’t It Carry Over?

The non-carryover provision reflects the purpose of the leave: it is intended to provide immediate support when needed, not to accumulate as an ongoing entitlement. If an employee does not need the leave in a given year, it simply lapses.

Payment for Family Violence Leave

Family violence leave is paid at the employee’s relevant daily pay (RDP) or, if that cannot reasonably be determined, their average daily pay (ADP).

This is the same payment methodology used for sick leave and bereavement leave. For most employees with regular hours and consistent pay, the calculation is straightforward. For employees with variable hours or irregular income, you will need to use the average daily pay formula.

Confidentiality Obligations

This is one of the most important aspects of family violence leave for employers. The Holidays Act imposes specific confidentiality obligations:

What You Must Keep Confidential

You must treat all information related to an employee’s family violence leave as confidential. This includes:

• The fact that the employee has requested or taken family violence leave
• The reason for the leave
• Any supporting documentation provided
• Any details about the employee’s personal circumstances

Who Can Know?

Only people who need to know for the purpose of administering the leave should have access to this information. In practice, this typically means:

• The HR manager or HR team
• The payroll administrator
• The employee’s direct manager (only if necessary for scheduling purposes, and only the minimum information needed)

What You Must Not Do

• Do not record family violence leave in a way that is visible to other employees (e.g. on a shared team calendar as “family violence leave”)
• Do not discuss the employee’s situation with colleagues, other managers, or anyone who does not need to know
• Do not use the information for any purpose other than administering the leave entitlement
• Do not include family violence leave details in general absence reports or team dashboards

Practical Tip: Use a Neutral Leave Code

Many employers use a neutral category such as “special leave” or “personal leave” on visible systems, while recording the actual leave type in a confidential HR record. This protects the employee’s privacy while maintaining accurate records.

Proof and Evidence

An employer may ask for proof that the employee is affected by family violence, but the rules around this are deliberately employee-friendly.

What Counts as Proof?

The legislation is broad about what constitutes proof. Examples include:

• A protection order (temporary or final)
• A police report or police safety order
• A statutory declaration
• A letter from a support agency (e.g. Women’s Refuge, Shakti, Family Works)
• A letter from a medical professional
• A letter from a lawyer
• Evidence of a protection order application

Employer Limitations

• You must accept any of the above as sufficient proof
• You cannot require a specific type of proof (e.g. you cannot insist on a police report if the employee provides a letter from a support agency)
• You cannot require proof before granting the leave — you must grant the leave and can request proof afterwards
• You must handle all proof documents with the same confidentiality as the leave itself

When Can You Request Proof?

You can request proof if you have a genuine reason to believe the leave request is not legitimate. However, in practice, most employers do not request proof at all, as doing so can re-traumatise the employee and damage the employment relationship.

Flexible Working Arrangements

The Domestic Violence—Victims’ Protection Act also gives employees affected by family violence the right to request short-term flexible working arrangements for up to two months.

What Can the Employee Request?

• Changes to hours of work (start/finish times, total hours)
• Changes to days of work
• Changes to the place of work (e.g. working from home, working from a different office)
• Any other changes to the terms and conditions of employment that relate to the employee’s working arrangements

Employer Obligations

You must deal with the request as soon as possible, and within 10 working days. You may only refuse the request on specific grounds set out in the Employment Relations Act, such as:

• Inability to reorganise work among existing staff
• Inability to recruit additional staff
• Detrimental impact on quality or performance
• Insufficient work during the periods the employee proposes to work
• Planned structural changes
• Burden of additional costs

If you refuse, you must provide the reasons in writing.

Duration

The flexible working arrangement can last for up to two months. After that, the employee returns to their normal working arrangements unless a longer-term change is agreed.

Workplace Safety Obligations

Beyond leave and flexible working, employers have a general obligation under health and safety legislation to ensure the workplace is safe for all employees, including those affected by family violence.

Practical Steps

• Safety planning: If an employee discloses family violence, consider whether the perpetrator could pose a risk at the workplace. This might involve changing the employee’s work location, adjusting their schedule, or reviewing workplace security.
• Emergency contacts: Ensure the employee’s emergency contacts are up to date and that the perpetrator is not listed.
• Communication protocols: Agree with the employee on how to handle phone calls, visitors, or deliveries from the perpetrator.
• Referrals: Be prepared to refer employees to support services such as Women’s Refuge (0800 733 843), Shakti, or the Family Violence Information Line (0800 456 450).

Record-Keeping Requirements

Employers must keep records of family violence leave, but these records must be kept separately from other employment records to protect confidentiality. Your records should include:

• The dates of family violence leave taken
• The amount of payment made for each day
• The balance of family violence leave remaining

These records must be kept for six years, but access should be restricted to authorised personnel only.

Privacy Act Considerations

Family violence leave records are “personal information” under the Privacy Act 2020. You must store them securely, only use them for their intended purpose, and not disclose them to anyone who does not need to know.

Common Mistakes Employers Make

1. Not Having a Family Violence Policy

Many employers are still unaware of their family violence leave obligations or have not updated their policies since 2019. Every employer should have a clear policy that explains the entitlement and the process for requesting leave.

2. Requiring Proof Before Granting Leave

The law requires you to grant leave first and request proof later (if at all). Do not refuse or delay leave because the employee has not yet provided evidence.

3. Breaching Confidentiality

Recording family violence leave on shared calendars, discussing it with colleagues, or including it in team absence reports are all breaches of your confidentiality obligations.

4. Not Training Managers

Front-line managers are often the first people employees approach. If they are not trained on family violence leave, they may respond inappropriately — asking intrusive questions, expressing doubt, or failing to maintain confidentiality.

5. Forgetting About Casual Employees

All employees are entitled to family violence leave, including casuals. The entitlement starts from day one. Do not assume casual staff are excluded.

6. Treating It Like Sick Leave

Family violence leave is a separate entitlement. Do not deduct it from the employee’s sick leave balance, and do not require a medical certificate as proof.

7. Not Offering Flexible Working

Employees affected by family violence have the right to request short-term flexible working arrangements. Make sure your managers know about this right and how to handle requests.

Creating a Family Violence Policy

A good family violence policy should include:

• A clear statement that your organisation does not tolerate family violence and supports employees who are affected
• The entitlement: 10 days of paid leave per year, from day one
• How to request leave: who to contact, what information is needed (keeping it minimal)
• Confidentiality commitments: how information will be stored and who will have access
• Flexible working: the right to request short-term flexible arrangements
• Support services: contact details for helplines and support agencies
• Training: a commitment to training managers on responding to family violence disclosures

How Leave Balance Helps

Managing family violence leave requires particular care around confidentiality and record-keeping. Leave Balance helps NZ employers by:

• Tracking family violence leave as a separate, confidential leave type
• Restricting visibility so that only authorised personnel can see family violence leave records
• Automatically calculating the 10-day entitlement and resetting it each year
• Using neutral labels on shared calendars and team views to protect employee privacy
• Maintaining compliant records that meet both Holidays Act and Privacy Act requirements
• Generating confidential reports for Labour Inspector audits without exposing employee details to unauthorised staff

Key Takeaways

Family violence leave is a critical entitlement that reflects New Zealand’s commitment to supporting people affected by violence. As an employer, your obligations are clear:

• Provide 10 days of paid family violence leave per year to all employees from day one
• Keep all information strictly confidential
• Do not require proof before granting leave
• Consider flexible working requests within 10 working days
• Train your managers to respond appropriately and compassionately
• Keep confidential records for six years

By meeting these obligations — and going beyond them where possible — you create a workplace where employees feel safe to seek the help they need.