1694. Deputy Johnny Guirke asked the Minister for Children, Disability and Equality to clarify an aspect of the Work Life Balance and Miscellaneous Provisions Act 2023 in relation to the provisions governing domestic violence leave; the documentation or evidence an employer may lawfully request to support a claim for this entitlement; and if she will make a statement on the matter. [43702/26]

1695. Deputy Johnny Guirke asked the Minister for Children, Disability and Equality to review an adjudication decision (details supplied); to confirm if the employer was entitled to ask for evidence under the Circular 16/2023 Domestic violence and abuse in civil service policy and support; and if she will make a statement on the matter. [43704/26]

I propose to take Questions Nos. 1694 and 1695 together.

Under the Work Life Balance and Miscellaneous Provisions Act 2023, anyone experiencing or at risk of domestic violence will be entitled to take five days leave in any 12 month period in order to access supports. They will also be entitled to full pay during the period of leave.

The Department commissioned Women’s Aid to develop supports for employers to develop their own domestic violence workplace policies, including templates and guidance, all of which are available at [www.dvatwork.ie]

It is recognised that many situations where such leave is required it may not be possible for an employee to have supporting documentation or other supporting evidence. The Act does not require evidence to support an application for domestic violence leave. There may be very limited, exceptional circumstances in which an employer may consider it appropriate to request supporting documentation, however, it is not considered to be within the spirit of the provisions of the Act to request supporting documentation of any kind.

With regard to the request to review an adjudication decision of the Workplace Relations Commission, this is outside the remit of Government Departments, and there is appeal mechanisms already in place through the Labour Court. The Labour Court hears all appeals of Adjudication Officer’s decisions of the Workplace Relations Commission in all disputes arising under industrial relations and employment rights enactments.