Domestic Violence Leave in Ireland: What Employers Need to Know

Since late 2023, employees in Ireland have had a statutory right to paid domestic violence leave. For employers and HR teams, the practical questions are how many days are available, how the leave is paid, what you can and cannot ask, and what records you must keep. This guide sets out what the Workplace Relations Commission (WRC) and Citizens Information say, notes where the two pages differ, and flags what they leave unsaid. It sits alongside our guide to statutory sick leave in Ireland, which covers a different entitlement.

A note on sources: the WRC page was updated on 8 December 2023 and the Citizens Information page was last edited on 8 January 2024. Neither is a substitute for the legislation, so check the Act and take advice for a specific case.

What the entitlement is

The leave comes from the Work Life Balance and Miscellaneous Provisions Act 2023. The WRC says the entitlement came into operation on 27 November 2023, and Citizens Information gives the same start date. Employees are entitled to five paid days in a 12-month period. Citizens Information calls this the statutory minimum, and both pages say an employer or contract may allow more.

Citizens Information says the entitlement is pro rata for part-time staff, giving the example that someone working 50 per cent of a normal week gets 2.5 days. It says leave can be taken as single or multiple days and that part of a day counts as one day. The WRC says leave cannot be taken in periods of less than one day. The WRC page does not say whether the 12-month period is rolling or a calendar year.

Who can take it, and why

Citizens Information says no minimum period of employment is needed. The WRC page does not mention a qualifying period. Citizens Information describes the leave as available for violence or threats of violence, including emotional, physical, sexual, digital and economic abuse and coercive control, and says the abuse can be ongoing or in the past.

It lists two situations. An employee can take leave for their own experience where the abuser is a spouse or civil partner, a cohabitant, a current or former intimate partner, or an adult child over 18 who is not financially dependent on the employee. An employee can also take leave to support a relevant person, such as a spouse or civil partner, cohabitant, intimate partner, child under 18 or another dependent person. Permitted purposes include medical help, victim services, counselling, relocation, safety orders, legal advice and Garda assistance. The WRC page lists similar purposes.

How the leave is paid

The WRC says the employer pays the employee during statutory leave at a prescribed daily rate set under the Parental Leave Act 1998 (Section 13AA) (Prescribed Daily Rate of Domestic Violence Leave Pay) Regulations 2023, which it describes as effectively the employee's normal daily rate of pay. Citizens Information adds that regular bonuses or allowances that do not change weekly are included, overtime and commission are excluded, and where pay varies week to week the daily rate is the average over the 13 weeks before the leave. It also says payslips should not refer to the leave.

Notice, confirmation and evidence

This is where the two pages use different wording, so read both. The WRC says the employee must tell the employer as soon as possible that they need leave, and that no notice period applies because the need may not be foreseeable. On return, the employee confirms the start date and duration in writing, signed by them. The WRC says no statement of facts is required, and that the employer must acknowledge the confirmation but may not ask for further information about the facts behind the leave.

Citizens Information says no notice is needed in an emergency, that employees should give notice if they can or as soon as practical afterwards, and that employees are not required to provide supporting information or evidence. It adds that an employer could ask in exceptional cases but that this would be rare. Because the WRC page says an employer may not ask for further information about the facts, the safer approach is to follow the WRC's description and to take advice before asking for anything beyond the signed confirmation.

Citizens Information also stresses confidentiality: information should be shared only with those who need it, ideally with the employee's written permission.

Records

The WRC says employers must keep records of all domestic violence leave taken, for three years, under section 15 of the 2023 Act, which amends section 27 of the Parental Leave Act 1998. It does not say what the records must contain. Citizens Information does not state a record-keeping period.

Disputes and redress

The WRC says disputes, refusals, or penalisation for taking or proposing to take the leave can be brought to the WRC under section 21 of the Parental Leave Act 1998. An Adjudication Officer may award leave, compensation or both, and compensation must be just and equitable but not exceed 20 weeks' remuneration. Citizens Information suggests raising the issue with the employer first and then making a formal complaint to the WRC if it is not resolved. Neither page states a time limit for a complaint, so check the statutory limits directly.

Our suggestions for HR teams

These are our own practical suggestions, not part of the WRC or Citizens Information pages:

• Name one or two trained people who handle requests, so that staff do not need to explain their situation to line managers.
• Keep leave records in a restricted location, separate from general attendance notes, with the three-year retention period noted.
• Make sure payroll knows how to calculate the daily rate, including for staff with variable pay, and that payslips do not mention the reason for the leave.
• If a colleague asks to change hours or location after a difficult situation, our guide to the right to request remote working explains a separate process.

Frequently asked questions

How many days of domestic violence leave do employees get?

Five paid days in a 12-month period. Citizens Information says part-time staff get a pro rata amount, and both pages say employers may offer more.

Is there a minimum length of service?

Citizens Information says no. The WRC page does not mention a qualifying period.

How is the leave paid?

At a prescribed daily rate that the WRC describes as effectively the employee's normal daily rate of pay.

Can an employer ask for evidence?

The WRC says the employer may not ask for further information about the facts behind the leave. Citizens Information says evidence is not required, but that an employer could ask in exceptional cases. Follow the WRC wording and take advice.

How long must records be kept?

The WRC says three years.

Next steps

Review your policy against the points above and check who handles requests and payroll. You can also explore our CPD training options as part of planning wider HR learning.