Family violence leave in New Zealand

Who can take it, and when

Family violence is when a person harms or controls a family member, or someone they are in a close personal relationship with. Employment New Zealand notes the harm or control can be physical or non-physical, emotional, financial or sexual, or a mix of these. The leave is for people affected by it, never for people who commit it.

You can take it if another person is using or has used family violence against you, or against a child who lives with you, all or part of the time. The violence may have happened before you started this job.

The entitlement starts after six months' current continuous employment with the same employer. If your hours are irregular, it is six months in which you averaged at least 10 hours a week, with at least 1 hour every week or 40 hours every month. Some employers offer the leave sooner, and your employer can agree to let you take it in advance.

Ten days, pay and proof

You can take up to 10 days in each 12-month period. Unused days do not carry over, and they are not paid out when you leave. Tell your employer as early as you can that you want to take it. If you are already on annual holidays, you can take family violence leave instead.

Each day that would otherwise be a working day is paid at your relevant daily pay, or average daily pay where that applies, in your normal pay cycle. Your employer does not have to pay you for days covered by ACC weekly compensation. The law counts this leave in days, so working part of a day and then taking leave can use a whole day, unless your employer agrees to part days or hours.

Your employer can ask for proof, and does not have to pay until they have it, unless you have a reasonable excuse, such as having had to move house quickly. Any proof that you, or your child, are affected should be enough. Employment New Zealand's examples include a letter or email from a support person or organisation, a doctor or nurse, or a school; a declaration witnessed by someone like a justice of the peace; and court or police documents.

Asking for short-term changes at work

Separately from the leave, Part 6AB of the Employment Relations Act 2000 lets you ask, at any time and with no six-month wait, to change your working arrangements for up to 2 months: your hours, days or place of work, or things like your duties, where you are based, or the contact details your employer holds. Someone else can make the request for you.

The request must be in writing and say it is made under Part 6AB, with the change you want, its start and end dates, how it will help, and what your employer may need to change. Employment New Zealand has a form for it.

Your employer must answer in writing as soon as possible, and within 10 working days, and give you information about specialist family violence support services. If they want proof, they must ask within 3 working days. They can say no only if proof is not provided within 10 working days, or on set business grounds, such as being unable to reorganise work among existing staff. For a longer or permanent change, the ordinary route is in our guide to asking for flexible working.

Privacy, fair treatment and help

Your employer must protect your personal information, including anything you tell them about family violence and any leave you take or need. They can use it if that is necessary to keep you safe. They must not treat you worse because you are, or are thought to be, affected by family violence; if they do, that is a ground for a personal grievance. If you are at risk at work, you can ask for more, such as extra leave or a different work phone.

Specialist services can help, and these lines are free and open 24 hours a day, 7 days a week: Are You OK, 0800 456 450; Women's Refuge, 0800 733 843; Shine, 0508 744 633; and Safe to talk, 0800 044 334 or text 4334, for anyone affected by sexual violence. Employment New Zealand's own advice line is 0800 20 90 20.

These leave rules come from the Holidays Act 2003. The Employment Leave Act 2026 replaces it on 6 August 2028, and Employment New Zealand says it will change how leave, including family violence leave, is earned, taken and paid; until then, the current rules apply. Under the new Act, family violence leave is available from your first day in a job. Our guide to leave entitlements in New Zealand covers every kind of leave.

If someone who is harming you can see your phone, email or accounts, think about what you keep and where: you do not have to record family violence leave anywhere to be entitled to it. Your Career in jobtracker.co.nz works out the date six months after you started, when family violence leave begins; the demo shows how, with no account.

Know where you stand at work