The Domestic Violence – Victims Protection Act 2018
the what, why, when, who and how in your clinic
The Domestic Violence – Victims’ Protection Act came into force on 1 April 2019. It adds legal protections in the workplace for people affected by domestic violence.
Put another way, this means your clinic is legally bound to ensure all team members on your payroll affected by domestic violence have the right to:
- Take at least 10 days paid Domestic Violence Leave. This is separate and additional to:
-
- Annual leave
- Sick leave
- Bereavement leave
- Special leave (eg, jury service, territorial and reserve forces service)
- Request the right to short-term flexible working arrangements for up to two months.
- Be treated without discrimination in the workplace because they might have experienced domestic violence.
All employers are obligated to honour this leave requirement regardless of whether the employee was working for the employer when this Act came into effect on 1 April 2019.
This Act affects your veterinarians, nurses, techs, support staff and anyone else on your payroll.
You’d think that because this Act has been in effect for a good few months, employers would have implemented changes in their employment agreements and/or workplace policies to recognise and comply. However, as at 30 October 2019, just 30% of small and medium size national businesses have made changes to accommodate the Act and 47% have made no changes at all.
This is not an Act employers can bury their heads in the sand about.
What is Domestic Violence?
In New Zealand, the term domestic violence includes
- Physical abuse
- Sexual abuse
- Psychological abuse, which includes intimidation, damage to property, threats of abuse and financial or economic abuse, emotional abuse, playing mind games
- Abuse by a partner, another family member or a former partner (an ex).
Anyone of any age, gender, sexual orientation, socioeconomic group, religion and/or ethnicity can be affected by domestic violence.
A person affected by domestic violence is one or both of the following:
- Someone who is, or has been, the victim of domestic violence.
- Someone who lives with a child who is, or has been, the victim of domestic violence.
Only victims and/or survivors of domestic violence are covered under this Act; the perpetrators of domestic violence are not entitled to domestic violence leave.
Liability vs investment
It’s very easy to see this Act as yet another cost employers are liable for. That was my initial reaction. However, while doing the research for this article, I began to see domestic violence leave in a whole new light.
Yes – it is an added leave obligation which employers must comply with and which they cannot contract out of. But, when incorporated into a clinic’s human resources values proposition in a caring and thoughtful way, it can also be an investment as well.
The hidden costs of domestic violence in the workplace
It’s estimated that approximately 500,000 kiwis are victims of family violence in New Zealand. More than 40% of these victims are in paid employment. Research shows it affects the engagement, productivity, workplace accident levels of employees.[i]
The 2014 PSA Productivity Gains from Workplace Protection of Victims of Domestic Violence report [Kahui, Ku & Snively] found that domestic violence costs NZ employers $368 million a year. That was in 2014. As at writing this article (Jan 2020), I haven’t been able to find more up-to-date data after the publication of the Kahui et al report.
Productivity Gains from Workplace Protection of Victims of Domestic Violence determined these (hidden) costs could be avoided and/or mitigated by employers through implementing workplace protection initiatives.
The report found provision of workplace support and protection increased productivity and saved employers costs in recruitment, retention, re-training, health and safety.
For every employee whose experience of violence is prevented through workplace protection, employers can avoid an average of $3,371 in production costs in a particular year[ii].
If you’re an employer reading this and wondering how you’re going to afford to offer this additional leave to affected employees, you may be surprised that you’re already paying for it. Those affected will already be taking time off work, will already have their productivity compromised and other team members will be covering for them (with varying levels of effectiveness and success).
Domestic violence starts at home, but workmates & colleagues can bring about protection and positive change
There are many myths about what domestic violence is and stereotypes about who the perpetrators are. However, victims, survivors and perpetrators can be found in any workplace. Any profession. Any suburb.
The statistics in New Zealand are sobering.
Each month NZ Police releases Official Statistics on Crime, Victimisation and Offending[iii].
Homicide statistics are excluded from the monthly release of stats on crime because of the length of time taken to investigate and solve homicides. Therefore, homicide data is published annually in the NZ Police Homicide Victims Report.
The Police Statistics on Homicide Victims in New Zealand 2007-2016 (July 2018) shows an average of 69 people are murdered in NZ since records began in 2007.
In the 12 months to August 2019[iv], there were 20,845 Common Assaults, 14,171 Serious Assaults Not Resulting in Injury and 16, 439 Serious Assaults Resulting in Injury. Serious Assaults Resulting in Injury increased 36.4% over the previous 12 month.
About half of all homicides in New Zealand are committed by an offender who is identified as family.[v]
Over three quarters of family violence incidents (76%) are not reported to the police[vi]
In 2018, NZ police investigated 133,028 incidents of family harm – approximately one investigation every four minutes.[vii] Each year more people are affected within fewer minutes.
When it comes to sexual abuse and/or assault, approximately 20% of NZ women (1 in 5) have experienced serious sexual assault, approximately one in three girls under 16 years of age and approximately one in seven boys are sexually abused by adulthood[viii].
When it comes to convictions, approximately only 10% of sexual abuse crimes are reported, only 3% make it to court and only 1% result in a criminal conviction.[ix]
Signs of domestic violence
When most people think of domestic violence, Alan Duff’s 1994 movie, Once Were Warriors is probably what springs to mind; something so completely outside most people’s paradigms and situation as to be almost non-existent in their lives.
The thought a current well-respected, highly educated and skilled workmate or colleague being the victim or survivor (or perhaps even perpetrator) of domestic violence to them, is laughable.
Employees who are victims of domestic violence may be distressed, depressed, anxious, distracted and/or fearful at work.
If you look around your clinic and notice any of the following scenarios, take a double look. And then continue to keep a close eye out because maybe, just maybe, what you’re seeing are the symptoms of domestic violence.
Remain vigilant for things like:
- Excuses for injuries (bruises, cuts, welts, burns, lacerations).
- Personality changes – like low self esteem in someone who was previously confident, constantly second-guessing themselves, reluctance to make decisions when they were previously confident.
- Constantly checking in / checking up by their partner (or ex) – phone calls, texts, drive-byes at work, ‘spontaneous’ visits at work.
- Never having money on hand.
- Overly worried about pleasing their partner.
- Skipping out of work, school or social outings for no clear reason.
- Wearing clothes that are incongruent with the season (eg, long sleeves in summer which may be required to cover bruises).
- Justification of their significant other’s unacceptable behaviour (“s/he’s only like that when they drink”, “s/he’s stressed” “is going through a bad patch”, “just been laid off”)
- Change in physical posture, demeanour and/or body language – trying to hide and make themselves appear insignificant or invisible, talking quietly so as not to upset or annoy someone.
- Change in clothing personality / style – inappropriate dressing to please someone else (overly restrictive or overly revealing).
- Increased absenteeism or lateness because they couldn’t find their keys (or clothing, or meds, or phone, or lunch or something else required during the day at work), or they got held up at home by …….)
- Damage to personal property – their vehicle is scratched or dented, their phone is damaged or destroyed.
- Spousal / partner jealousy and/or distrust – comments like “s/he wouldn’t like it if I did…..”, “s/he doesn’t like me doing…..”, “s/he likes to take care of me….”, “s/he likes to know that I’m safe”
None of these events in isolation is proof of domestic violence. However, if you’ve noticed several of these events that, once upon a time you’d have considered out of character for an employee, maybe, just maybe, s/he has a problem at home.
What is also important to bear in mind here, is just because all your peers are currently in happy and stable relationships, doesn’t mean that’s the way it’s going to stay. Stay vigilant to the danger signs. New relationships can be just as unhealthy (violent, controlling, manipulative) as long-term ones.
It’s worthwhile stating here that although most domestic violence is perpetrated by men against women, that’s not always the case. There are many men who are the victims / survivors of spousal domestic violence. Bullying and violence is not a male-only domain.
Workplaces as harbinger of positive change
Saunoamaali’i Dr Karanina Sumeo, Equal Employment Opportunities and Women’s Rights Commissioner, believes that for many victims, the workplace is one of the only safe places a victim of domestic violence can go for support.
The Act aims to improve legal protection in the workplace for people who’ve been subjected to domestic violence. This extra protection ensures victims aren’t disadvantaged because of what’s happened to them.
These rights also extend to candidates you’re interviewing for jobs at your clinic.
Having safe and supported employees also happens to be good for business. Creating a supportive work environment can help improve productivity and employee morale.
Employer Domestic Violence Leave obligations
First up, employers cannot contract out of permitting Domestic Violence Leave to an employee when asked.
However, there are a few conditions an employee must meet in order to receive paid domestic leave:
- they have six months’ current continuous employment with the same employer, or
- they have worked for the employer for six months for:
- an average of 10 hours per week. During this time the employee must have worked either:
- one hour every week, or
- 40 hours every month.
- an average of 10 hours per week. During this time the employee must have worked either:
Incidentally, these are the same conditions an employee must qualify for receiving sick leave and bereavement leave.
Employers must give at least 10 days of paid domestic violence leave each year to employees who qualify. This entitlement renews at the employee’s anniversary, but unused domestic violence leave cannot be rolled over, accumulated or paid out.
In addition, domestic violence affected employees can ask for flexible working arrangements for up to two months each year.
And, as already stated, employees who are affected by domestic violence must be treated exactly the same as other employees.
Discriminatory behaviour by the employer is a breach of the Human Rights Act. An employer cannot discriminate against job applicants whom they suspect (or know) may be affected by domestic violence.
Employers found to be guilty of breaking employment law may have to pay up to $20,000.
These are the minimum domestic violence leave requirements. Employers can opt to provide leave over and above the 10-day minimum. Employers can also let an employee take annual leave or unpaid sick leave when they have used up their 10 days domestic violence leave.
If an employee is off on ACC, an employer doesn’t have to pay an employee for any time they receive weekly payments through the Accident Compensation Act 2000 (or former ACC Act).
The rate of pay for an employee on domestic violence leave is their ‘relevant daily pay’ or ‘average daily pay’ for each day of domestic violence leave taken on a day that is a normal day for that employee.
Getting it done
Employers need to decide to what level they will comply with the Domestic Violence Leave Act – will you provide the bare minimum and hope like crazy none of your team will be affected by domestic violence, or will you go above and beyond?
Wise employers recognise that having a family domestic violence policy in their workplace will make a difference to their bottom line through less absenteeism, lower staff turnover and greater productivity.
Employers who bury their heads in the sand and/or take the attitude that it’s not their business to interfere in their employees’ lives run the risk of an affected staff member’s ability to perform.
The Workplace Policy Builder (an NZ Government website) is a good place to start if you haven’t yet documented your workplace’s policies.
The Family Violence Workplace Policy Builder tool can be found here
The following organisations have trained facilitators and resources to help you implement a safe policy at your clinic:
- Women’s Refuge
- DVFree brought to you Shine*. You can download the .pdf Guidelines for Policy & Procedures here.
- White Ribbon – challenge the #unspoken rules – Workplace Accreditation
- Are You OK
The Business Working To End Family Violence website also has resources and case studies to help businesses implement workplace policies. It details a six-point plan:
- Display resources in your workplace
- Talk to your local family violence organisations’ coordinators
- Discuss your plans with your key stakeholders – senior management team, board, influential staff, unions, key suppliers and maybe customers
- Hold staff meetings
- Implement a family violence in the workplace policy in a way that’s accessible
- Be ready for any immediate disclosures from people affected by family violence
The Act leaves it open to employers to ask for proof. However, services helping victims of domestic violence abuse strongly advise against employers asking for proof.
Asking an employee for proof may be seen by the vulnerable employee as non-belief. It’s important to keep in mind that many victims of domestic violence do not have proof of their injuries as they have never involved the police, and in cases where they may have seen a medical professional, have chosen not to explain the true cause of their injuries (“I bumped into a door”).
Similarly, proof of contact with a service to support those suffering domestic violence is problematic, given there are often limited records in order to limit the risk of these records being used against victims by their abusive partners, if discovered.
References
[i] https://www.businessworkingtoendfamilyviolence.nz/
[ii] Research evidence costs of domestic violence to employers https://nzfvc.org.nz/news/research-evidences-cost-domestic-violence-employers
[iv] NZ Police Crime at a Glance, published September 2019 for 12 months to August 2019, https://www.police.govt.nz/about-us/publication/crime-glance [NB: this data is real time and will change depending on when this hyperlink is activated]
[v] Family Violence Death Review Committee. (2014). Fourth Annual Report: January 2013 to December 2013. Wellington, Health Quality and Safety Commission. Retrieved June 2014 from http://www.hqsc.govt.nz/our-programmes/mrc/fvdrc/publications-and-resources/publication/1600/
[vi] New Zealand Crime and Safety Survey: 2014 (2015) http://www.justice.govt.nz/publications/global-publications/n/new-zealand-crime-and-safety-survey-2014/publications/global-publications/n/new-zealand-crime-and-safety-survey-2014/documents/nzcass-main-findings-report
[vii] Stuff.co.nz 23/09/2019 https://www.stuff.co.nz/national/115802337/family-harm-investigations-on-the-rise-police-figures-show
[viii] https://www.helpauckland.org.nz/sexual-abuse-statistics.html
[ix] https://www.helpauckland.org.nz/sexual-abuse-statistics.html
