Workplace Safety

In New Zealand, the Domestic Violence—Victims’ Protection Act 2018 changed the landscape for survivors. It recognized that family violence is not just a “home issue”—it is a workplace safety issue.

You have powerful legal rights designed to keep you in your job and keep you safe while you are there.

1. Your Three Core Legal Rights

Under NZ law, if you or a child living with you is affected by family violence, you are entitled to:

10 Days of Paid Family Violence Leave: This is separate from your sick leave or annual leave. You can use it to go to court, move house, attend counseling, or simply process trauma. It is available once you have worked for 6 months (or meet the ‘hours worked’ test).
Short-Term Flexible Working: You can request changes to your workplace, hours, or duties for up to two months. For example, you could ask to work from a different branch or change your start time to avoid a “stalking” pattern.
Protection Against Adverse Treatment: It is illegal for an employer to treat you unfairly or fire you because you are experiencing family violence.

2. Practical Workplace Safety Steps

A safety plan at work is about creating a “protective bubble” around your professional life. Consider these options:

Physical Safety

Reception as a Shield: Give a photo of the abuser to reception or security. If the person shows up, the protocol should be to call 111 immediately, not “see if you’re available.”
Safe Entry/Exit: If you usually walk to your car alone, ask for a “buddy” or a security escort.
Visible Desk: If you sit near a ground-floor window or a public entrance, ask to move to a more secure internal desk.

Digital Safety

The Phone Filter: Ask if a colleague can screen your calls so you don’t have to answer “private” or unknown numbers.
The Email Firewall: If you are being harassed via work email, IT can often block specific addresses or divert them to a folder for evidence collection so you don’t have to see them.
Unlisting Your Profile: Ask for your name and contact details to be removed from the company’s public-facing website or LinkedIn.

3. The Question of “Proof”

Your employer can ask for proof of family violence before granting leave or flexibility, but in New Zealand, the “bar” for proof is very low. You do not need a criminal conviction. “Any proof” can include:

A letter from a support worker (e.g., Women’s Refuge or Shine).
A Police Safety Order or Protection Order.
A letter from your doctor or a school teacher.
Even abusive text messages or a self-declaration can be sufficient.

4. Privacy and the “Pay Slip” Worry

One of the biggest fears for survivors is an abuser seeing “Family Violence Leave” on a bank statement or pay slip.

The Fix: Ask your payroll or HR manager to “code” the leave as something neutral, like “Special Leave” or “Ordinary Time.” Employers are encouraged to do this to ensure your safety isn’t compromised by a paper trail.

5. Where to Get Specialist Workplace Advice

Shine’s DVFREE: They work specifically with NZ businesses to create safe workplaces.
Employment New Zealand: 0800 20 90 20 – For free advice on your rights and leave entitlements.
Women’s Refuge: Can provide you with a support letter to give to your employer.

The Business “Sanity” Statement

“Work can be the one place where an abuser doesn’t have total control. By making a plan, you are not ‘bringing drama’ to the office—you are exercising your legal right to a safe workplace, just like any other health and safety measure.”

In New Zealand, the Employment Relations Act 2000 (Part 6AB) gives you the right to request a short-term change to your working arrangements for up to two months.

Your employer must respond to this request in writing as soon as possible, and no later than 10 working days.

Template: Request for Short-Term Flexible Working

You can copy and paste this into an email. It is designed to be professional, legally compliant, and clear.

To: [Manager’s Name / HR Manager Name] Date: [Insert Date] Subject: Formal Request for Short-Term Flexible Working – [Your Name]

Dear [Name],

I am writing to formally request a short-term variation to my working arrangements under Part 6AB of the Employment Relations Act 2000.

This request is to assist me in dealing with the effects of family violence. I am requesting the following changes to my normal working arrangements:

Proposed Change: [e.g., Changing my start time to 10:00 AM and finish time to 6:00 PM / Working from the [Location] branch instead of [Location] / Working from home three days a week.]

Start Date: [Date you want the change to begin]

End Date: [Date it will end – must be within 2 months of the start date]

How this will help me: These changes will assist me by [e.g., allowing me to attend legal appointments safely / ensuring I can drop my children at their new daycare / providing a secure environment where my location is not known to the perpetrator].

Impact on the business: I believe this arrangement can be managed by [e.g., ensuring I am available for core team meetings via Zoom / completing my set hours in the evening / handing over my morning client calls to [Colleague Name]]. I am committed to maintaining my productivity during this period.

I understand that you may require proof of my situation. If so, please let me know within three working days, as per the Act. I also look forward to receiving your written response within the statutory 10-working-day timeframe.

Thank you for your support and for maintaining the confidentiality of this request.

Regards, [Your Name]

3 Things You Must Include (Legally)

For this to be a “formal” request that triggers your legal protections, it must state:

Your name and the date.
That it is made under Part 6AB of the Employment Relations Act 2000.
The specific changes you want, when they start, and how long they will last (up to 2 months).

What Happens Next?

The 3-Day Rule: If your employer wants “proof” (like a letter from a lawyer or a support worker), they must ask for it within 3 working days of receiving your request.
The 10-Day Rule: They must give you a written decision within 10 working days.
Grounds for Refusal: They can only say “No” if they cannot reasonably accommodate the request (e.g., it would cause a significant loss in quality or extra cost) or if you fail to provide proof when asked.

The “Sanity” Advice

If you don’t feel comfortable emailing your direct manager, you have the right to send this directly to Human Resources (HR). You can also ask a support person (like a union rep or a Women’s Refuge advocate) to help you write it or even sit in a meeting with you to discuss it.

In New Zealand, the Privacy Act 2020 and the Family Violence Act 2018 place a high burden of care on your employer to keep your information secret. However, because managers are human and sometimes “overshare” in an attempt to be helpful, it is vital to set a formal boundary.

Below is a Confidentiality Reminder you can send as a follow-up or attachment to your flexible working request.

Template: Confidentiality & Privacy Instruction

Subject: Private & Confidential: Data Handling Instructions regarding my [Leave/Flexible Work] Request

Dear [Manager/HR Name],

Further to my recent request for [Family Violence Leave / Flexible Working], I am writing to formally outline my expectations regarding the privacy of my personal information, as protected under the Privacy Act 2020.

Given the sensitive nature of this matter and the potential safety risks involved, I request that the following protocols be strictly observed:

Strict “Need to Know” Basis: Details of my situation, including the reason for my leave or changes to my schedule, must not be shared with any other staff members, including my immediate team, without my express written consent.

Payroll Coding: Please ensure that any leave taken is recorded in the payroll system as “Special Leave” or “Ordinary Time” rather than “Family Violence Leave.” This is to prevent this information from appearing on any printed or digital documents that may be accessed by third parties outside of this workplace.

Communication Security: Any internal emails regarding my safety plan should be marked “Private & Confidential.” Please avoid using my full name in email subject lines where possible.

External Inquiries: Should any person (including family members) call or visit the office asking for my location or schedule, the standard response should be that I am “unavailable” or “in a meeting,” and no further details should be provided.

I trust that [Company Name] takes its obligations under the Domestic Violence—Victims’ Protection Act seriously. If there is a perceived need to disclose my information for safety reasons, I request to be consulted before that disclosure happens.

Thank you for your professionalism and for helping me maintain my safety.

Regards, [Your Name]

Three Things Your Employer Needs to Know (The Law)

Serious Harm Clause: Under the Privacy Act, if your employer accidentally leaks your info (a “privacy breach”) and it could cause you “serious harm” (which is always the case with family violence), they are legally required to report themselves to the Privacy Commissioner.
The “Safety Precedence” Rule: While they must keep your info private, the Family Violence Act 2018 says that if they believe sharing info with the Police or a specialist agency (like Shine) will protect you from harm, that safety takes precedence over privacy. They should, however, try to tell you first.
Adverse Treatment: If a manager “gossips” about your situation and it leads to you being treated poorly by colleagues, this can be grounds for a Personal Grievance (PG) for “Adverse Treatment.”

Your “Sanity” Check

If you don’t trust your direct manager to stay quiet, you have every right to bypass them and go straight to the Head of HR or the General Manager. You can say: “I am discussing this with you because I require the highest level of discretion for my physical safety.”