Supports (th)at work

Annex A. High-level overview of paid domestic and family violence leave entitlements in OECD countries

Table A A.1. High-level overview of national paid domestic and family violence leave entitlements

Country	Implemented	Length (days)	Payment rate (%)	Paid by	Eligibility criteria and operation	Evidentiary and privacy requirements
Australia	2023‑24	10	100%	Employer	All full-time, part-time and casual employees Available to employees experiencing family and domestic violence to address the impact of family and domestic violence where not practical to do so outside their working hours Available from commencement of employment. Balance resets annually and can be taken as single or multiple days. Part-days possible by agreement. Employees must notify employers of the leave as soon as possible, which can be after leave has started For casual employees, paid at full rate for shifts that they were rostered for when they took the leave	Employees do not need to provide evidence to request leave, but employers can request evidence that shows employees need to do something to address the impacts of violence, and that it is not practical to do so outside their working hours Evidence can be support service documents, police or court documents, or a statutory declaration Employers are not permitted to state reason for leave on payslips
Canada	2019	5	100%	Employer	All public sector employees that have completed three consecutive months of continuous employment Employees are entitled to 10 days of leave in total, five of which are paid if eligibility (length of service) requirements are met Available to employees that are victim-survivors of family violence, and to parents supporting a child who is a victim-survivor of family violence (under 18), to deal with family violence in specified circumstances, namely to seek medical attention or counselling, obtain family violence services, to relocate, to seek, prepare for or participate in legal or court proceedings, and to take regulatory-prescribed measures Not available to those who have been found to – or are likely to have – perpetrated violence. Can be taken in one or more periods. Employers can refuse part-days	Employers can request “documentation” in support of the reasons for the leave for a period of 15 days after an employee’s return to work, but employees are only required to provide it where it is reasonably practicable for them to obtain and provide it Type of evidence required to be provided (on request) is not specified
Ireland	2023	5	100%1	Employer	All employees Available where an employee or “relevant person” to the employee has experienced in the past, or is currently experiencing, domestic violence, to deal with (or support the relevant person in dealing with) impacts of domestic violence in specified circumstances, namely to seek medical attention or counselling, obtain victim services, to relocate, to seek legal assistance or advice, to obtain an order under the Domestic Violence Act (2018), to seek assistance from the police and security service (Garda Síochána), or to seek or obtain any other relevant services. Can be taken on days where the employee would otherwise have been working. Part-days are not permitted, meaning part-days would be counted as one full day of leave Employees must notify employers of the leave as soon as possible, but no (advance) notice is required	No statement of facts or other evidence is required. Employees must provide their employer with a signed confirmation of their leave when they return to work, setting out the commencement date and duration of the leave Employers are required to acknowledge the confirmation but are not permitted to request further information about the leave or its circumstances
Italy	2015	90 (over three years)2	100%	Social security institute (generally advanced by employers)	Female employees that have been certified by municipal social services to be included in “protection pathways” related to gender-based violence (e.g. accessing services from an anti-violence centre or shelter) Can be taken on days where the worker was scheduled to work, in daily or hourly (half-time) “mode” Employers generally pay the leave and deduct it from social security contributions, but in some cases (e.g. for seasonal workers and self-employed female workers) it is paid directly by the social security institute	Workers must provide their employers with the certification from their municipality and at least seven days of notice setting out the commencement and end date of the leave, except for when it is “objectively impossible”
New Zealand	2019	10	100%	Employer	All employees that: have six months’ current continuous employment with their employer, or a six‑month period (at any time) where the employee has worked an average of at least 10 hours a week and at least 1 hour per week and 40 hours in every month; and Have experienced domestic violence or ordinarily or periodically cohabits with a child (<17 years old) who has experienced domestic violence (irrespective of how long ago the violence occurred, and even if it occurred before the worker became an employee) Can be taken on days where the employee would otherwise have been working Employees and employers can agree for the leave to be taken in advance Employees must notify their employer of their intention to take leave as soon as possible Employers do not need to pay domestic violence leave if the employee is being paid accident compensation or weekly compensation for a work-related injury	Employees do not need to provide evidence to request leave, but employers can request “proof” that employees are affected by family violence. Employers can refuse payments for leave if proof is not provided unless the worker has a “reasonable excuse” not to do so, for example if they had to relocate quickly and were not able to obtain proof Evidentiary requirements not prescribed by legislation. Government guidance suggests employer and workers should act in good faith, and evidence could include a letter or email from a support person or support organisation about the circumstances, a declaration, or documents/reports from police, courts or medical practitioners
Slovenia3	2023	5	100%	Employer	Available to employees for the purpose of arranging protection, legal and other procedures at institutions and remedying the consequences of domestic violence, for example where there are ongoing legal proceedings Employee must notify the employer no later than three working days before the commencement of the absence	On notifying their employer, the employee must also submit a certificate from the social work centre on the assessment of the risk of domestic violence, proof of the police report, and proof of proceedings before the authorities in relation to domestic violence (for example a summons to court or a summons from the social work centre)
United Kingdom (Northern Ireland only)	TBC Legislation passed 2022	10	TBC, suggested 100%4	Employer	Legislation has provided a statutory basis for an entitlement to “safe leave” for workers, but full details of the leave have not yet been finalised. The Department for the Economy is developing regulations to operationalise the entitlement. The legislative basis for safe leave: Sets out eligibility for workers (including those who are not employees) who are or have been subjected to abusive behaviour by someone to who they are connected, and who require time away from work to deal with issues related to the abuse, including for example to access legal or healthcare services, finding alternate accommodation, obtaining welfare support or protecting family members Provides a “day one” right to leave, i.e. no length of service eligibility requirement Suggests that the entitlement can be taken flexibly (i.e. not in a single continuous period within a year), though regulations may attach conditions in respect of entitlement (e.g. when it can be taken) Sets out that regulations may require employees to give notice as is reasonably practicable before taking safe leave	Implementation of the entitlement is forthcoming

Note: Definitions of violence and types of violence vary across countries. Payment rates refer to full-time employees. Payment rules differ across countries and are not described in detail here. In Australia, for example, eligible full-time or part-time employees must be paid at the employee’s full rate of pay for the hours they would have worked had they not taken leave, in Canada eligible employees must be paid at their regular pay rate for their normal hours of work, while in Italy the payment rate is calculated using average daily earnings in a specified period preceding the leave. The time period in which workers can use the leave also differs across countries. For example, in Australia the year is calculated from an employee’s work anniversary, in Canada the entitlement is per calendar year, and in Ireland the entitlement is for any 12‑month period.

1 In Ireland, regulations provide for the minister to prescribe the daily rate of pay, taking into account social, economic and other factors. The daily rate of pay payable to eligible workers is set out in relevant regulations, and is currently effectively the worker’s ordinary daily pay rate. A “relevant” person means someone who “has experienced or is experiencing domestic violence or abuse” and can include a spouse or civil partner, cohabitant, intimate partner, child who is under 18, or another dependent person.

2 In Italy, eligible workers are entitled to 90 days of leave which can be taken within three years from the commencement date of a certified protection programme. Leave is paid directly by the social security institute, INPS (Istituto Nazionale della Previdenza Sociale).

3 In Slovenia, the Act defines an employee who is a victim of domestic violence as a person who has experienced one of the forms of domestic violence defined in the law governing the prevention of domestic violence in the last two years, has reported the violence to the police or social services, and the proceedings relating to the violence and the elimination of its consequences have not yet been completed. The victim proves this by means of a certificate from the social work centre confirming the assessment of the risk of domestic violence, the court and other institutions.

4 In the United Kingdom (Northern Ireland only), the payment rate is not yet stipulated, but the legislation states that the regulations must provide for employees to be entitled to the same terms and conditions of employment, including as to pay, suggesting pay at the pre‑leave rate.

Source: Australia: (Fair Work Ombudsman, 2023[68]; Fair Work Ombudsman, n.d.[54]); Canada: Canada Labour Code (R.S.C., 1985, c. L‑2), (Government of Canada, 2021[69]); Ireland: (Workplace Relations Commission, 2023[70]), Work Life Balance and Miscellaneous Provisions Act 2023 (Section 7); Italy: (Istituto Nazionale Previdenza Sociale, 2024[71]; Presidency of the Council of Ministers, 2015[47]); New Zealand: Domestic Violence – Victims’ Protection Act 2018 (Section 72), (Employment New Zealand, 2024[48]); Northern Ireland: Domestic Abuse (Safe Leave) Act (Northern Ireland) 2022, (Department for the Economy, 2024[72]); Slovenia: Labor Relations Act (ZDR‑1) (Article 168a).