Domestic Violence Leave – How Much Information Can Employers Request?

Since the introduction of a statutory entitlement to domestic violence leave pursuant to the Work Life Balance and Miscellaneous Provisions Act 2023, questions have arisen for employers especially concerning what information, if any, they can seek from employees to substantiate requests for this leave. While the legislation and accompanying guidance places a strong emphasis on confidentiality, a recent Workplace Relations Commission (“WRC”) decision, addresses the circumstances in which employers can seek limited information about the request, without undermining the employee’s confidentiality.

In An Officer v A State Agency (ADJ-00060744), the WRC considered whether an employer had acted unlawfully when it refused a request for domestic violence leave where the employee declined to provide supporting information in respect of the leave request.

Facts:

The Complainant began employment with the Respondent on 1st March 2021. The Complainant sought domestic violence leave on 11th July 2025. The request came after the Complainant had unsuccessfully sought annual leave for the same date. The Respondent had declined his annual leave request as the maximum number of leave days across the workforce had already been reached. He did not attend work on 11th July and the following day he requested the day as domestic violence leave.

The Respondent requested a Third Party – Garda reference number or similar supporting documentation. The Complainant refused to provide this information, arguing that an employee is not obliged to provide any details to his or her employer and that he was entitled to domestic violence leave without providing further information. The Complainant also argued that he would have been in breach of the General Data Protection Regulations (the “GDPR”) in respect of the other party involved if he provided the requested information.

The Respondent accepted that it was not entitled to seek any personal information regarding the incident or the Complainant’s partner. However, it maintained that seeking some basic information or paperwork to substantiate the leave request was reasonable. It was also submitted on behalf of the Respondent that sensitive personal details had already been provided by the Complainant in respect of a previous issue that had arisen on 18th December 2024 when domestic violence leave had been discussed.

Decision:

The Adjudicator, Michael McEntee, referred to the legal position in respect of domestic violence leave, including the Work Life Balance and Miscellaneous Provisions Act 2023 and section 13AA of the Parental Leave Act. He also referred to Circular 16/2023 Domestic violence and abuse – Civil Service policy and supports, and the WRC guidelines which the Complainant had relied upon. The WRC guidelines state as follows:

“An employer must acknowledge the confirmation but may not request further information regarding facts surrounding the taking of the leave.”

The Adjudicator noted that the guidance strongly emphasises the importance of confidentiality in respect of domestic violence leave requests.

However, the Adjudicator stated that no form of leave, from basic annual leave to force majeure or domestic violence leave, should be regarded as “divinely” granted without some very basic requirements to facilitate HR administration and good management of staff resources. An employer is entitled to some “basic” data to ascertain whether or not a period of leave in fact qualifies as domestic violence leave. This does not require a Complainant to provide very sensitive, personal or confidential information, particularly in circumstances where the very detailed procedures in Circular 16/2023 are being applied.

The Adjudicator also took into consideration the Respondent’s openness to reaching a compromise in terms of the information/documentation required; the Respondent’s suggestion of the Garda PULSE number was not categoric. However, given the “absolutist” attitude of the Complainant, a compromise had been impossible. The Adjudicator was satisfied that the Respondent had acted proportionately in its request for information and found that the Complainant’s claim was not properly founded.

Takeaway for Employers:

This case highlights the fine balance that employers must strike when considering requests for domestic violence leave. Employers should not seek details of the underlying incident or sensitive information that could undermine the confidentiality protections provided for in the legislation/WRC guidelines.

However, employers are entitled to request basic administrative information to verify that the leave falls within the statutory framework.

Any enquiries should be proportionate, confidential and focused solely on establishing an entitlement to the leave rather than investigating the sensitive personal circumstances that gave rise to the application of the leave. Employers should also ensure that their HR personnel are familiar with this distinction, and that they adopt a sensitive case-by-case approach.

Link: https://workplacerelations.ie/en/cases/2026/may/adj-00060744.html

Authors – Abigail Ansell and Jenny Wakely

7th July 2026

AOC Solicitors
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Dublin 2

www.aocsolicitors.ie