Varadkar: New paid leave law should not require proof of domestic abuse

An Tánaiste Leo Varadkar has said that a new paid leave law should not require proof of domestic abuse.

The Fine Gael leader made the comments while speaking to the Joint Committee on Enterprise, Trade and Employment.

His comments echo those of Sinn Féin TD Louise O' Reilly, who pointed to a report by the Irish Business and Employers Confederation, who said that victims can already take compassionate, force majeure or sick leave .

The group also argued that employers should be allowed to ask for 'proof' to stop any 'potential abuse' of paid leave to victims of domestic abuse.

However, she insisted that advocacy groups are 'absolutely clear, they couldn't be clearer that we cannot ask for proof of abuse.'

In response, the Tánaiste said:  "I am inclined to agree with you: I don't really see how you could produce proof of abuse, or coercive control in particular, which is quite hard to prove.

"You might do so in a court, but an employer is not a court of law."

He added: "I don't see how evidential proof could be a requirement in the legislation. I think that would make it almost unworkable."

'HONOUR' SYSTEM

Two weeks ago, the Oireachtas Joint Committee on Gender Equality was told by Dr Laura Bambrick, the head of Social Policy and Employment Affairs at the Irish Congress of Trade Unions (ICTU), that where there is no cost to an employer, it should be based on an 'honour' system.

She explained: "It’s been reported that while the employer will pay for your leave for domestic violence, there will be a clawback and government will pay that.

"The reason why employers will be asked to pay for it is so that you get that payment in your next payroll, and that doesn’t become a barrier for you to take leave."

Her comments were supported at David Joyce, equality officer at ICTU, who added: "I agree that in insofar as is practical, providing proof in this instance is not really the way to go."

The Organisation of Working Time (Domestic Violence Leave) Bill is due to go before committee again in the coming weeks.