#2: How employers can support staff impacted by domestic abuse

‘What support can I offer a survivor of domestic abuse at work?’ is quite likely the next pressing question that comes to mind now that you’ve established why a workplace response to domestic abuse is necessary (if you didn’t read the first article in this series, click the link to read it now).

Domestic abuse has traditionally been seen as a private issue – something that seemingly has nothing to do with work. This framing makes it tricky for anyone new to the conversation to consider what measures can be introduced at work that are supportive to survivor-victims. In reality, domestic violence is more helpfully understood as a public issue which requires a collective response. This alternative perspective opens up a world of possibilities for the spaces we may look towards to support survivor-victims and create an Ireland where domestic violence is socially unacceptable.

Let’s start with the support measure every employer in Ireland is required to provide eligible employees who request it: domestic violence leave.

In 2023, the Government of Ireland introduced a legal requirement for employers to offer up to five days of paid leave over a period of 12 months to employees affected by domestic violence. Survivor-victims may have multiple urgent and important matters to attend to related to their experience, requiring them to take time off work if they are employed. Domestic violence leave provides impacted employees with paid time off specifically related to the issue rather than them having to take annual leave or, when that is exhausted, unpaid leave.

Statutory domestic violence leave: 5 days paid leave in any period of 12 consecutive months, at the employee's full rate of pay.

Let’s take Aoife as an example. Over the last few months, Aoife has been calling the Women’s Aid National Freephone Helpline to help her cope with her husband’s abuse. She would now like to meet a support worker face to face but she’s afraid of what he might do if he finds out where she is going. The only time he can’t monitor her whereabouts closely is when she’s at work so this would be the safest time for her to access Women’s Aid’s direct services. Aoife is worried that if she uses annual leave to attend this meeting during working hours, her husband will ask questions when he notices that her leave balance is less than it should be at the end of the year. Domestic violence leave could be a huge help for Aoife to meet a support worker safely.

Other reasons why employees may need to take domestic violence leave include:

Medical visits,
Attending and preparing for criminal and civil legal proceeding,
Counselling for themselves or their children,
Looking for a new home and relocating, and more.

Sometimes it isn’t possible to attend to these matters outside of working hours because the services are not available or because the activities must be hidden from the person abusing them.

For all the ins and outs of statutory domestic violence leave, we recommend reading the legislation itself here: Work Life Balance and Miscellaneous Provisions Act 2023 (section 7).

These are some of the highlights:

Both employees who are being subjected to domestic abuse and those who are supporting a relevant person experiencing it are entitled to domestic violence leave
It is applicable for past and ongoing experiences of domestic abuse
There is no minimum service requirement for employees to be eligible for the leave
Employees are to be paid their normal pay for any days taken as domestic violence leave (regulations on this rate of pay can be read here)

The provision of domestic violence leave has positive impacts for both employers and employees, making it a useful support measure that can be provided in every workplace.

We must also consider that taking time off is not always the best option for an employee who needs support around domestic violence and abuse. Instead, if domestic violence leave is offered alongside other support measures, affected employees can choose the option best suited to them. Other options may even be less demanding on organisational resources than taking leave.

Embedding domestic violence leave within a broader system of workplace support is a more effective approach to supporting employees.

So what kind of complementary support measures might be well suited to the workplace? We suggest the following, in line with the International Labour Organisation’s recommendations and emerging international evidence on the topic.

Safety and wellbeing planning: A safe and effective workplace response to domestic violence includes the development of a workplace safety plan as a standard part of the process when an employee has sought out relevant workplace support. This measure is a critical component of a workplace response to domestic abuse. It’s worth taking some time to think about it so we’ve expanded upon the topic later in this article.
Special leave: Although the uptake of domestic violence leave in other jurisdictions has been shown to be low[1], employees who most need to avail of it may find that the legal entitlement of five days is not enough to meet their needs. Some employers in Ireland, from a range of sectors, have chosen to offer employees up to 10 days or more of domestic violence leave. An allowance of days exceeding the statutory minimum is sometimes referred to as ‘special leave’ to differentiate the two.
Referrals: Affected employees will benefit from being referred to external specialist services such as the Women’s Aid National Freephone Helpline and the Men’s Development Network Male Advice Line. This creates an opportunity for them to receive support from specialists who are experienced in responding to the complexities of domestic abuse and can offer sustained support. Contact details for specialist services should be included in a workplace domestic abuse support policy and referred to during the workplace safety planning process. Posters from specialist services can be displayed physically or digitally in the work space. Employers can also support employees to access these services safely by providing a private location and device from which to do so while at work.
Financial assistance: Economic abuse is a form of domestic violence that is frequently perpetrated alongside other forms of abuse. Survivors also often have to consider many expenses and financial issues as they navigate towards safety. Financial assistance is not only related to money; it could be anything that assists employees to be more financially independent and supports them economically. Most employers can provide financial assistance in the form of a salary advance or change of arrangements and/or method for salary payment as a starting point.
Employment protections: As outlined in the first article in this series, the perpetration of domestic abuse may harm an impacted employee’s performance at work. Over time, this could lead to disciplinary action being taken against them. In doing so, the employer inadvertently acts as a pressure point on the impacted employee, which may lead to them deciding to quit rather than face the shame of further difficult conversations at work or potentially being let go. Where an employee has disclosed domestic violence and there are concerns about their performance, employers should consider offering temporary protection from disciplinary actions or a reassessment of the employee’s workload.
Maintaining records: An employee who is being subjected to domestic abuse may decide to seek protection from the Gardaí or the courts. They will need a record of what has been done to them to prove their experience and help establish that it is a pattern of abuse. Records of the abuse they have experienced in relation to work could be helpful in such cases. Details of the abuse shared by the employee should only be recorded at their request and only as it relates to the workplace. They must be kept confidential and stored securely.

Whichever supports are made available in your organisation, employees should be empowered to make their own decisions about which options they will avail of, if any. A safe and effective response is one which is led by the employee.

⚡ Spotlight: Safety and wellbeing planning

Perpetrators of domestic violence and abuse are known to go to extreme lengths to take steps to influence, control, or negatively impact their victim’s employment. Employees who are being abused will be working hard to try to keep themselves, their children, and dependents safe. The workplace can support them by including a safety and wellbeing planning process as part of their response to disclosures of domestic abuse. This is known as a workplace safety plan. It can enhance protection for impacted employees to help them safely and meaningfully engage in their work.

The objective of a workplace safety plan is to determine what the employer can do to help the employee be safe at work. It must be designed in consultation with the employee, who has the best understanding of how and to what level they are at risk. Decisions about what is included in an individual’s workplace safety plan should be driven by the employee’s needs and wishes. Their safety and wellbeing should take priority in all matters and procedures.

How do you go about developing a workplace safety plan? The free resources at www.DVatWork.ie will help you. Read section 7.3 of the Policy Template and Guidance Note for more information.

A workplace safety plan guide with instructions for use is included in these resources. The guide gives an overview of different areas of potential consideration when supporting an employee subjected to domestic violence to be safe at work. It also offers examples of actions that employers can take to meet this objective. Ideally, the guide is incorporated within a domestic violence support policy and/or guidelines for those designated to respond to the issue.

In addition to the workplace safety plan, any existing safety statements and risk assessment obligations should be followed. Existing policies on occupational health and safety may be useful to further support impacted employees. We’ve written about this before so if you’d like to delve further into the topic, take a look at our article: Addressing domestic violence and abuse as a workplace safety issue.

Support for safety planning outside of work or in cases of severe risk is best achieved by encouraging the employee to consult with specialist support services and/or the Gardaí. It should not be undertaken directly by an employer or designated contact person in the workplace.

The support measures outlined in this article are suitable for most work environments. Different organisations will have the ability to offer different supports based on their size, industry, resources, and more. If you are contributing to the development of your organisation’s response to domestic abuse, a question worth asking is, ‘What support can we offer that is relevant to our own context?’

Bank of Ireland’s domestic abuse leave policy offers a strong example of a support measure that is specific to their own sector. It includes the option of matching employees who are being subjected to abuse with a financial adviser. The adviser can provide advice on issues including debt restructuring and safeguarding mechanisms to help the employee regain control of their finances where needed.

Statutory domestic violence leave is a valuable support measure for employees impacted by domestic violence and abuse but it is recommended that employers don’t just stop there. Introducing a range of relevant supports is a more practical and effective way of responding to the issue. Doing so is a clear statement that your organisation takes the issue seriously and is committed to making a meaningful difference.

📢 Call to action 📢

Check whether the domestic abuse supports in your workplace address employee safety and wellbeing planning. If not, propose that the Safety and Wellbeing Planning Guide is built into your organisational policy and process for responding to impacted employees.