Employment Rights Ireland
Domestic Violence Leave Ireland
5 paid days per year, from your first day of employment, with no evidence required. A guide to your rights under Irish law for 2026.
Free confidential support is available 24 hours a day:
- Refuge: 1800 777 888 — 24-hour national helpline (free)
- Women’s Aid: 1800 341 900 (free)
- Men’s Aid Ireland: 01 554 3811
- SAFE Ireland: safe.ie
- Samaritans: 116 123 — free, 24 hours
- Garda domestic violence liaison: contact your local Garda station
Key Facts at a Glance
| Entitlement | 5 paid days per 12-month period |
|---|---|
| Qualifying period | None — applies from the first day of employment |
| Rate of pay | Full normal rate (including regular bonuses and allowances; excludes overtime and commission) |
| Evidence required | None — employer cannot request proof |
| Part-time workers | Pro-rata entitlement based on contracted hours |
| Confidentiality | Strict — employer must keep the matter private |
| Governing law | Work Life Balance and Miscellaneous Provisions Act 2023 |
| WRC complaint deadline | 6 months from the breach (extendable to 12 months) |
What You Are Entitled To
Amount of leave
Every employee in Ireland is entitled to 5 paid days of domestic violence leave in any 12-month period. This right was introduced by the Work Life Balance and Miscellaneous Provisions Act 2023 and came into force in November 2023.
No qualifying period
You do not need to have worked for your employer for any minimum period. The entitlement applies from the first day of your employment, including during probation and on fixed-term or part-time contracts.
Full pay
Domestic violence leave is paid at your full normal rate of pay. This includes regular bonuses and allowances that are part of your normal remuneration. It does not include variable payments such as overtime or commission.
No evidence required
You are not required to provide any documentation to take this leave. Your employer cannot ask for a Garda report, a medical certificate, a court order, or any other proof as a condition of granting the leave. The law does not require you to justify your need for this leave to your employer.
What the leave can be used for
Domestic violence leave may be taken for any of the following purposes:
- Attending medical, counselling, or support service appointments
- Seeking legal advice or attending court proceedings (such as a protection order application)
- Seeking safe accommodation or temporary housing
- Relocating yourself or dependants
- Arranging childcare, banking, or other practical matters connected to the situation
- Safety planning with a support organisation
Part-time workers
If you work part-time, your entitlement is calculated on a pro-rata basis relative to full-time hours. For example, an employee working 3 days per week (60% of full-time) is entitled to 5 × 60% = 3 days. An employee working 50% FTE is entitled to 2.5 days.
Employer Obligations
Grant the leave
When an employee requests domestic violence leave, the employer must grant it. There is no discretion to refuse where the employee has remaining entitlement in the 12-month period.
No documentation demands
Employers are prohibited from making the grant of this leave conditional on the employee providing any form of evidence. Requesting a Garda report, medical certificate, or any other documentation is not permitted under the Act.
Strict confidentiality
Employers are legally required to keep all information relating to an employee’s domestic violence leave strictly confidential. This means the employer cannot discuss the matter with colleagues, managers outside the direct reporting line, HR beyond what is operationally necessary, or anyone else. A breach of confidentiality is itself a breach of the legislation.
No penalisation
It is unlawful for an employer to penalise an employee for taking domestic violence leave. Penalisation includes demotion, reduction in hours, adverse changes to terms of employment, harassment, or any other action that disadvantages the employee for having exercised this right.
Protection from dismissal
Dismissal of an employee for taking or seeking to take domestic violence leave is automatically unfair dismissal. There is no minimum service requirement to bring this specific claim — an employee dismissed on day two of employment for this reason can bring a complaint to the WRC.
Worked Examples
Example 1 — Priya: full-time employee attending court
Priya has worked full-time for 12 months. She needs to attend a court hearing on Tuesday for a protection order application. She tells her employer she needs to take domestic violence leave for that day. She does not explain why. Her employer cannot ask for documentation, cannot ask what the court hearing is for, and must grant the day as paid domestic violence leave. That day counts as one of her 5 days for the 12-month period.
Example 2 — Fatima: part-time employee needing time to move out
Fatima works 3 days per week, which is 60% of full-time hours. Her pro-rata entitlement is 5 × 60% = 3 days. She needs 3 consecutive days to move out of shared accommodation and arrange temporary housing. She can take all 3 days at once. Her employer must grant this request and cannot require any proof of the move or of her circumstances.
Example 3 — Carlos: employee on probation
Carlos started a new job 3 weeks ago and is on a 6-month probation period. He is experiencing a serious domestic situation and needs a day to attend a support service appointment. Despite being on probation, Carlos is fully entitled to domestic violence leave. There is no service requirement. His employer cannot treat a request for this leave as a probation issue or deny it on the basis that he has recently started.
Example 4 — An employee dismissed after taking leave
An employee takes all 5 days of domestic violence leave over two weeks. Shortly afterwards, they are dismissed and told their performance has not been satisfactory. However, the employer has no documented performance issues prior to the leave. This is a clear case of penalisation and potentially automatically unfair dismissal. The employee can make a complaint to the WRC within 6 months. No minimum service period applies to this claim.
Information Accuracy — This guide has been independently researched and reviewed using official Irish government sources available on the publication date. Government schemes, payment rates, eligibility rules and legislation may change over time. Before making financial, legal or welfare decisions, always confirm the latest information directly with the relevant Irish authority.
Common Mistakes and Misunderstandings
Employers demanding proof
Some employers mistakenly believe they are entitled to request a Garda report, a medical certificate, a solicitor’s letter, or other documentation. They are not. The Act explicitly removes any such requirement, and making this demand is unlawful.
Treating this as sick leave
Domestic violence leave is a separate and distinct statutory entitlement. It must not be coded as sick leave, annual leave, or any other type of absence. The entitlement exists in addition to all other leave rights.
Assuming a service requirement applies
There is no qualifying period. Some employees assume — and some employers incorrectly state — that a probation period or minimum service length must be completed before this leave applies. That is incorrect.
Employees believing they must justify themselves
People in this situation sometimes feel they must provide evidence or explain their circumstances in detail to their employer. They do not. The law was designed specifically so that a person does not have to justify themselves or expose sensitive personal information to their employer.
Breach of confidentiality by the employer
An employer who discusses the fact that an employee took domestic violence leave with other colleagues — even informally — is in breach of the legal confidentiality obligation. This breach is itself actionable at the WRC.
What to Do If This Right Is Refused
- Raise it with HR or a manager in writing. Send an email stating that you are requesting domestic violence leave under the Work Life Balance and Miscellaneous Provisions Act 2023. Keep a copy.
- Contact a trade union if you are a member. Your union representative can engage with the employer on your behalf.
- Contact the Workplace Relations Commission (WRC). You can make a complaint at workplacerelations.ie using the online adjudication system. The WRC deals with complaints about domestic violence leave refusal, penalisation, and confidentiality breaches.
- Contact a support organisation such as Women’s Aid (1800 341 900) or Men’s Aid Ireland (01 554 3811) who can provide guidance and, in some cases, advocacy support.
- Seek legal advice from a solicitor experienced in employment law if the matter involves dismissal or serious penalisation.
Complaints for refusal or penalisation in relation to domestic violence leave are handled by the WRC under the adjudication process. Awards can include compensation for the breach.
Time Limits for Complaints
WRC complaint deadline: 6 months from the date of the breach.
This deadline can be extended to 12 months where you can demonstrate reasonable cause for not having made the complaint within 6 months.
The clock starts from the date of the specific refusal, penalisation, confidentiality breach, or dismissal — not from when you first became aware of your rights. Do not wait. If you are unsure whether a complaint applies to your situation, contact the WRC Information and Customer Services at (059) 917 8990 for guidance.
Evidence and Documents to Keep
While you are not required to provide evidence to your employer, if you later make a WRC complaint, having a record of events will support your case. Consider keeping:
- Your written request for domestic violence leave (email or letter), with date and time
- Any written response from your employer (including any request for evidence or refusal)
- Your payslips showing whether the leave was paid correctly
- Any communications that show a change in your treatment after taking leave (emails, messages, notes from meetings)
- A personal diary record of dates and what occurred (kept somewhere private and secure)
- Any HR correspondence, performance review outcomes, or disciplinary notices issued after the leave
You do not need to share sensitive personal information about your circumstances with the WRC adjudicator beyond what is necessary to establish the employment law breach.
Interaction with Other Rights
Annual leave
Domestic violence leave is entirely separate from your annual leave entitlement. It cannot be substituted for or deducted from your annual leave. Taking domestic violence leave does not reduce your 20 days (or pro-rata equivalent) of annual leave.
Sick leave
Domestic violence leave and statutory sick leave are separate entitlements. An employer cannot reclassify domestic violence leave as sick leave, and taking this leave does not affect your sick leave record or sick pay entitlement.
Unfair dismissal protection
Dismissal connected to domestic violence leave is automatically unfair dismissal. Unlike standard unfair dismissal claims, there is no minimum service requirement for this specific claim, meaning it applies on day one of employment.
Equality legislation
Domestic violence disproportionately affects certain groups. Any adverse treatment that also engages a protected characteristic under the Employment Equality Acts (such as gender) may give rise to a parallel discrimination complaint.
Flexible working requests
Separately from domestic violence leave, the Work Life Balance and Miscellaneous Provisions Act 2023 also gives employees the right to request flexible or remote working arrangements. In some situations, a person experiencing domestic violence may also benefit from a temporary change in working pattern, though this is a request process rather than an automatic right.
Frequently Asked Questions
How many days of domestic violence leave am I entitled to in Ireland?
- You are entitled to 5 paid days of domestic violence leave per 12-month period. There is no qualifying period — the entitlement applies from the first day of employment. Part-time workers receive a pro-rata entitlement based on their contracted hours.
Do I need to give my employer proof or evidence to take domestic violence leave?
- No. Your employer cannot require you to provide any documentation, medical certificate, Garda report, or any other evidence as a condition of granting domestic violence leave. The law explicitly prohibits employers from demanding proof.
Does domestic violence leave apply from day one of employment?
- Yes. There is no minimum length of service required. The right to domestic violence leave applies from the first day of employment, regardless of whether you are on probation, on a fixed-term contract, or part-time.
What can I use domestic violence leave for?
- Domestic violence leave can be used for: attending medical, counselling, or support service appointments; obtaining legal advice or attending court proceedings; seeking safe accommodation or temporary housing; relocating yourself or dependants; dealing with banking, childcare, or other practical matters; and safety planning with a support organisation.
Am I paid during domestic violence leave?
- Yes. Domestic violence leave is paid at your full rate of pay. This includes regular bonuses and allowances that form part of your normal pay, but excludes overtime pay and commission.
What if I work part-time — how many days do I get?
- Part-time workers receive a pro-rata entitlement. For example, if you work 3 days per week (60% of full-time hours), your entitlement is 5 × 60% = 3 days. If you work 2.5 days per week (50% FTE), your entitlement is 2.5 days.
Is my employer allowed to tell other people at work that I took this leave?
- No. Employers are legally required to maintain strict confidentiality. Disclosing to colleagues or other parties that an employee has taken domestic violence leave is a breach of the law.
Can my employer dismiss me or penalise me for taking domestic violence leave?
- No. It is prohibited for an employer to penalise, dismiss, or otherwise treat an employee adversely for exercising the right to domestic violence leave. Dismissal for taking this leave constitutes automatically unfair dismissal, and there is no minimum service requirement to bring that claim.
What law provides the right to domestic violence leave in Ireland?
- The right to domestic violence leave in Ireland is provided by the Work Life Balance and Miscellaneous Provisions Act 2023, which came into force in November 2023.
How do I make a complaint if my employer refuses domestic violence leave or penalises me?
- You can make a complaint to the Workplace Relations Commission (WRC). The time limit is 6 months from the date of the refusal or the penalisation, extendable to 12 months in exceptional circumstances. Complaints are made online through adjudication.workplacerelations.ie.
Related Employment Rights
Annual Leave Rights
Your entitlement to paid annual leave and public holidays in Ireland.
Unfair Dismissal
Grounds for unfair dismissal and how to make a WRC complaint.
Maternity Protection
Maternity leave rights and protections for pregnant employees.
Equality at Work
Protection from discrimination and harassment under Irish employment equality law.
Information Accuracy — This guide has been independently researched and reviewed using official Irish government sources available on the publication date. Government schemes, payment rates, eligibility rules and legislation may change over time. Before making financial, legal or welfare decisions, always confirm the latest information directly with the relevant Irish authority.