Work leave law raises questions

To New Zealand’s shame, our country is a world leader in domestic violence. This week, we may have become a world leader in the campaign to defeat it.

Under legislation that passed its third reading on Wednesday night, victims of domestic violence will be allowed to claim an extra 10 days’ leave from their employers, on top of annual and sick leave. There is also provision for flexible work conditions to help them cope with ongoing issues.

It’s believed we are the first Western country to offer this as a universal entitlement; the Philippines has similar legislation, as do a number of Canadian provinces. Also, Australia will be watching closely because the Labor Party there has promised 10 days’ leave for victims, if it wins the next election.

This appears to be a significant step forward for victims and the agencies who support them; at first reading, the legislation, which comes into force on April 1 next year, suggests those already abused will not be further victimised or financially penalised in trying to deal with the aftermath of that suffering. It means businesses will be able to support their employees as they try to remove themselves from painful partnerships or seek help.

However, one has some degree of sympathy for the businesses, likely to be small to medium ones, which take on the extra burden while not being at all responsible for the circumstances that created it. Compounding this, there is no suggestion of support from a Government that can raise taxes, increase levies and has many other sources to raid in funding its own programmes and ideas. Most businesses have far fewer resources.

Jan Logie, the Green Party MP who sponsored the bill, believes those businesses will see benefits, rather than burdens, in that support for their employees. She says any costs will be minimal and overtaken by greater productivity from workers who are happier, healthier and more loyal because of that support. She is backed by studies overseas.

Research by Dr Jim Stanford at the Centre for Future Work at the Australia Institute found that few employees – men and women – took domestic violence leave when available. The figure ranged between 0.022 per cent and 0.31 per cent of staff.

That’s odd, given that domestic violence is a big issue across the ditch as well. If the numbers are similar in our country, those businesses can possibly breathe a little easier, in terms of the impact on their books, but it will mean the legislation has made little impact in addressing domestic violence. Those tiny numbers suggest that either domestic violence rates are overstated or employees are unwilling to discuss such a sensitive subject with their bosses. We suspect it’s more of the latter.

Maybe that’s because the provisions of the law are still vague: they allow for an employer to seek proof – which might be justified – without making it clear what that might be, or how it is obtained.

That creates an opaque situation in which someone who has been abused faces the prospect of being victimised once more in reliving traumatic moments and then having to justify themselves and their actions.

So, what appears a world-leading advance might in fact have little impact and, for some, even be a backward step.

‘‘One has some degree of sympathy for businesses, likely to be small to medium ones, which take on the extra burden while not being at all responsible for the circumstances that created it.’’