Employees can now take time off work if they experience domestic violence and abuse.

This entitlement began 27th November 2023.

It is called Statutory Domestic Violence leave.

Who is eligible?

All employees who have experienced or are currently experiencing abuse. An employee can take domestic violence leave when supporting a 'relevant person'. A 'relevant person' is someone who has faced or is facing domestic violence or abuse.

The 'relevant person' should be:

• Spouse or civil partner
• Cohabitant
• Intimate partner
• Child who is under 18
• Another dependent person

There is no minimum service required to qualify.

How much leave is available?

Employees have a right to 5 days of domestic violence leave in any consecutive 12 months.

This is the statutory entitlement (the legal minimum).

Like statutory payments such as SMP and SSP, you can decide to provide extra paid or unpaid special leave. This will depend on your company policy. 

Part-time employees receive domestic violence leave on a pro-rata basis. For instance, if they work 50% of a standard working week, the entitlement is 2.5 days of leave.

Employees take leave as single or multiple days. An absence for part of a day counts as one day.

What is the pay rate?

You will pay the employee their usual daily rate.

This included any regular:

• Allowance
• Bonus

It does not include irregular payments such as:

• Overtime
• Commission

The employee pay might change week to week due to regular bonus payments or allowances. In this case, the domestic violence leave is the average of their pay over the 13 weeks before they are on leave.

How do I process this in payroll?

• Continue to pay the employee using the usual payment types
• Don't create new payments for the Domestic violence leave in your payroll
• Don't record the Domestic violence leave as an absence in the payroll
• There can be no reference on the employee payslip to the Domestic violence leave absence

Other points

Your employee:

• Does not need to provide you with any proof
• Does not need to give you any notice
• The reason for absence must remain confidential
• Needs no minimum service to qualify for Domestic violence leave

Get more information and guidance. Read the Small Firms Association article Statutory Domestic Violence Leave (opens in new tab).