Domestic Abuse (Safe Leave) Act (Northern Ireland) 2022
| Jurisdiction | Northern Ireland |
| Citation | 2022 NI c 27 |
| Year | 2022 |
Domestic Abuse (Safe Leave) Act (Northern Ireland) 2022
2022 Chapter 27
An Act to make provision for an entitlement to paid safe leave for victims of domestic abuse; and for connected purposes.
[12 May 2022]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
1 Safe leave for victims of domestic abuse
(1) After Article 112EF of the Employment Rights (Northern Ireland) Order 1996 insert—
“CHAPTER 5
DOMESTIC ABUSE SAFE LEAVE
112EG
(1)1 The Department must make regulations entitling an employee who is a victim of domestic abuse to be absent from work on leave under this Article for the purpose of dealing with issues related to the domestic abuse (referred to in this Chapter as “”).
(2)2 For the purposes of this Chapter, an employee is a victim of domestic abuse if—
(a)
(a) the employee is being, or has been, subjected to abusive behaviour by a person to whom the employee is connected, and
(b)
(b) such other conditions as may be specified are satisfied.
(3)3 The regulations must include provision as to the meaning of being subjected to abusive behaviour, and as to the criteria for being connected to another person, for the purposes of paragraph (2); and the regulations may do so by reference to provisions of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 or by applying other statutory provisions (with or without modifications).
(4)4 Issues related to domestic abuse for the purposes of paragraph (1) include, but are not limited to—
(a)
(a) obtaining legal advice and pursuing legal proceedings and remedies;
(b)
(b) finding alternative accommodation;
(c)
(c) taking advantage of healthcare (including mental health care);
(d)
(d) obtaining welfare support;
(e)
(e) protecting family members; and
(f)
(f) such other matters as may be specified in the regulations.
(5)5 The regulations must, in particular, include provision ensuring that the period of safe leave to which an employee who is a victim of domestic abuse is entitled is at least 10 days in each leave year (whether or not taken as a single continuous period), with “leave year” having the meaning given in, and being calculated in accordance with, the regulations.
(6)6 The regulations may make provision about how safe leave is to be taken; and, in particular, the regulations may—
(a)
(a) attach conditions, or enable an employer to attach reasonable conditions, in respect of entitlement to safe leave (including as to when it may be taken);
(b)
(b) require an employee to give such notice (if any) as is reasonably practicable before taking safe leave.
(7)7 The regulations may not impose conditions, or enable an employer to impose conditions, about length of service for eligibility for safe leave.
112EH
(1)1 Regulations under Article 112EG must provide—
(a)
(a) that an employee who is absent on safe leave is entitled, for such purposes and to such extent as may be specified, to the benefit of the terms and conditions of employment which would have applied but for the absence;
(b)
(b) that an employee who is absent on safe leave is bound, for such purposes and to such extent as may be specified, by obligations arising under those terms and conditions (except in so far as they are inconsistent with paragraph (1) of that Article); and
(c)
(c) that an employee who is absent on safe leave is entitled to return from leave to a job of a specified kind (but this is subject to Article 112EI(1)).
(2)2 In paragraph (1)(a), “” includes—
(a)
(a) terms and conditions about remuneration, and
(b)
(b) any other matters connected with an employee’s employment whether or not they arise under the contract of employment.
(3)3 Provision under paragraph (1)(a) must, in particular, provide that it is for the employer of an employee who is absent on safe leave to pay the employee remuneration in respect of the period of safe leave.
(4)4 The reference in paragraph (1)(c) to absence on safe leave includes, where appropriate, a reference to a continuous period of absence attributable partly to safe leave and partly to any one or more of the following—
(a)
(a) maternity leave;
(b)
(b) paternity leave;
(c)
(c) adoption leave;
(d)
(d) shared parental leave; and
(e)
(e) parental leave.
(5)5 Regulations under Article 112EG may make provision, in relation to the right to return mentioned in paragraph (1)(c), about—
(a)
(a) seniority, pension rights and similar rights; and
(b)
(b) terms and conditions of employment on return.
112EI
(1)1 Regulations under Article 112EG may make provision about—
(a)
(a) redundancy, or
(b)
(b) dismissal (other than by reason of redundancy),
during a period of safe leave.
(2)2 Provision by virtue of paragraph (1) may include provision requiring an employer to offer alternative employment.
112EJ
(1)1 Regulations under Article 112EG may make provision for the consequences of—
(a)
(a) the prevention or attempted prevention by an...
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