New research by Women’s Refuge (The National Collective of Independent Women’s Refuges) shows that employer responses have improved significantly since implementation of the Domestic Violence – Victims’ Protection Act 2018 (DVVPA), which created entitlement to domestic violence leave and short-term flexible working for employees affected by domestic violence. However, The Workplace Responses to Victims of Intimate Partner Violence in Aotearoa Report also shows there is still significant room for improvement.
The research is based on a survey of women and non-binary adults across New Zealand who were employed when they experienced family violence from an intimate partner or ex-partner. The report’s recommendations focus on what employers can do to improve their responses to family violence, including training First Responders to support employees in the workplace.
Based on the success of the DVVPA, Shine is calling for Government to strengthen the legislative framework that helps to ensure employer responses to family violence continue to improve.
Shine’s DVFREE Lead, Mira Taitz, says: “This research demonstrates clearly what we’ve learned anecdotally – that the DVVPA has made an enormous difference to raising awareness of employers about family violence as a workplace issue, which has resulted in employers’ improved understanding and response to the issue.
“But there are some gaps in the law. For example, the law only provides for up to two months’ flexible working and enables employers to ask for proof of family violence, which can be a barrier to people accessing this leave.”
Shine recommends that Government further support improved employers’ responses to family violence by:
1. Further amending the DVVPA to:
- Limit the right of employers to require proof of family violence in order to approve family violence paid leave, in line with their right to request proof of sickness for sick leave, ie, only if an employee takes three or more consecutive days of paid family violence leave. Shine recommends that employers go a step further by not asking for proof of family violence in order to access leave or other support.
- Extend the right of workers to request ‘short-term’ flexible working arrangements to manage the effects of family violence from up to two months to at least up to six months. It is unrealistic to expect family violence situations to resolve in a two-month time period; the law already allows employers to deny requests that are not operationally possible.
- Consider feasibility of government-funded paid family violence leave for contractors, similar to government provision of paid parental leave for contractors who meet the criteria of hours worked in preceding weeks.
2. Commit to mitigate impacts of domestic violence in the world of work: Ratify the ILO (International Labour Organisation) Convention 190 (2019), which requires adherents to recognise and as far as ‘reasonably practicable’ mitigate the impacts of domestic violence in the world of work.’[1] C190 has so far been ratified by more than 50 countries, including Australia, Canada, the United Kingdom, but not yet by New Zealand.
These Government actions could result in more employers providing the kind of support for employees affected by family violence that is provided by organisations who work with Shine’s DVFREE programme.
For organisations who are keen to do more, Mira Taitz explains, “Raising workplace awareness about family violence, creating a robust workplace policy, training managers, and appointing and training staff in volunteer ‘First Responder’ roles are key steps towards creating a good workplace response to family violence. It’s important that employers also consider important details such as not coding ‘family violence leave’ as such in payroll systems, which can make a person unsafe if the person abusing them sees their payslip.” All of Shine’s recommendations for employers are in the Guidelines for a DVFREE Workplace, free to download from www.dvfree.org.nz. The DVFREE programme has been endorsed by Women’s Refuge.
Mira Taitz says, “We recognise that New Zealand workplaces have come a long way since family violence leave was introduced in 2019, and we encourage employers to continue to work towards improving workplace responses for people impacted by violence.”
[1] The ILO is a tripartite United Nations agency that brings together governments, employers and workers of 187 Member States to set labour standards, develop policies and devise programmes promoting decent work.