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      Manager guide for family violence leave

      What is family violence?

      Who is entitled to family violence leave?

      Short term flexible working variation

      Short-term safety measures

      Confidentiality is key

      What support can I offer an affected Employee?

      What is family violence?

      • Family violence is defined by the Family Violence Act (2018) to include physical, sexual, psychological abuse, and dowry-related violence against anyone with whom the perpetrator of violence is in, or has been in, a family relationship with.
      • Psychological abuse includes, but is not limited to:
        • Threats of physical, sexual, or psychological abuse:
        • Intimidation or harassment:
        • Damage to property:
        • Ill-treatment of household pets or other animals whose welfare is likely to significant affect a person’s wellbeing:
        • Financial or economic abuse (for example, denying or limiting access to financial resources, or preventing or restricting employment opportunities or access to education):
        • A person unable, by reason of age, disability, health condition, or any other cause, to withdraw from the care or charge of another person, hindering or removing (or threatening to hinder or remove) access to any aid or device, medication, or other support that affects, or is likely to affect the person’s quality of life.
      • Family violence includes a pattern of behaviour that is made up of physical, sexual or psychological abuse, and has one or both of the following elements:
        • Is coercive or controlling; and/or
        • It causes or may cause the person cumulative harm.

      Who is entitled to family violence leave?

      • Employees who meet the employment eligibility criteria; and who are
      • Affected by family violence either personally, or supporting a child who has been in affected who they usually or sometimes live with; and who.
      • Need to deal with the effects of family violence (no matter when it took place).

      Short term flexible working variation

      • Employees can request a short-term variation (up to 2 months) to their working arrangements, including changes to hours of work, location, and duties.
      • You must respond to requests within 10 working days.
      • If you want to request proof (we advise against this), you need to do so within 3 days of the employee making the request.
      • Short term flexible working variations can be declined on two grounds:
        • If proof was requested and not provided
        • Work arrangements cannot reasonably be changed based on business grounds.
      • Find out more about short-term variations at govt.nz.

      Short-term safety measures

      • If an employee is concerned about their safety at work due to family violence, you can choose to develop a workplace safety plan with the employee. The plan could include:
        • Stopping the perpetrator from contacting the employee at work;
        • Giving a car park close to the workplace door;
        • Flexibility in working hours;
        • Re-routing payslips and changing bank accounts;
        • Designating a person to monitor attendance and follow up in the event of unplanned absences, including an appropriate emergency contact or potential code word to use in the event of danger;
        • Change of work phone number and email address;
        • GPS turned off on work cell phone;
        • Creating a “safe zone” if the employee and the perpetrator of the family violence are both employed in our business, to limit contact at work;
        • Employing a security guard to be on site, if required.
      • A workplace safety plan is not required by legislation, however is recommended to help maintain an employee’s safety while at work and gain financial independence.

      Confidentiality is key

      • Information about a person's experience of family violence is highly sensitive.
      • When you receive a request for family violence leave or a short-term change to work arrangements, you must protect the employee’s personal information. This includes information about the employee giving notice that they’re taking family violence leave and any proof they provide.

      What support can I offer an affected Employee?