Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Flexible working short-term for people affected by family violence - Duties of employer

69ABEA: Proof of family violence

You could also call this:

“An employer can ask you to show proof that you have been hurt by someone in your family, but there are rules about when and how they can do this.”

Your employer can ask you to prove that you’re affected by family violence. They can ask for this proof if you or someone acting for you makes a request related to family violence. If your employer asks for proof, they need to tell you as soon as possible. You have to give them the proof within 10 working days after they ask for it.

Your employer can only ask for proof if they tell you early that they need it. They also have to ask for the proof within 3 working days after you make your request. When they ask for proof, you need to give it to them, or have someone give it to them on your behalf, as soon as you can.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS186658.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
Previous

69ABE: Employer must notify decision as soon as possible, or

“The boss must quickly tell you if they agree to your request and give you help information.”

Next

69ABF: Grounds for refusal of request by employer, or

“When a boss can say no to a worker's request for changes due to family violence”

Part 6AB Flexible working short-term for people affected by family violence
Duties of employer

69ABEAProof of family violence

  1. An employer may require proof that an employee is a person affected by family violence to be produced—

  2. to the employer; and
    1. by or on behalf of an employee; and
      1. for the purposes of a request made by or on behalf of the employee; and
        1. as soon as practicable after that proof is required by the employer under this section; and
          1. within 10 working days after the employer receives the request.

            1. However, the employer may require proof of that kind only if—

            2. the employer informs the employee as early as possible that the proof is required; and
              1. the employer requires the proof within 3 working days after the employer receives the request.

                Compare
                Notes
                • Section 69ABEA: inserted, on , by section 6 of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).
                • Section 69ABEA heading: amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).
                • Section 69ABEA(1): amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).