New bill will support work-life balance

The HR Suite’s Caroline Reidy summarises everything you need to know about the Work Life Balance and Miscellaneous Provisions Bill 2022

The Work Life Balance and Miscellaneous Provisions Bill 2022 transposes into Irish law Articles 6 and 9 of the EU Work Life Balance Directive.

The bill which has now passed all stages in the Oireachtas, provides for the introduction of new rights for employees to support a better balance of family life, work life and caring responsibilities. It will now go to the president to be signed into law.

The Work Life Balance and Miscellaneous Provisions Bill 2022 introduces:

• Five days’ unpaid leave for medical care purposes for parents of children under 12, and carers

• Five days’ paid leave for victims of domestic violence

• The right to request flexible working for parents and carers

• The right to request remote working for all employees

• Two years’ breastfeeding breaks

Medical care

The bill provides for the introduction of leave for medical care purposes to allow an employee to provide “care or support for a serious medical reason”. This will be reserved for instances of care given to a specified person who is a child, co-habitant, parent, grandparent, sibling or someone who lives within the same household as the employee. This type of leave would be unpaid and subject to a maximum of five days in any 12-month period. Employers may request evidence such as a medical cert of the need for significant care or support of a serious medical issue.

The leave can be taken as separate days, but not in periods of less than one day No service requirement, nor prior notice is required. Employees will be required to confirm to their employer in writing, as soon as reasonably practicable, that they intend to take or have taken this leave.

Domestic violence

Leave is allowed for reasons related to domestic violence. This category of leave will allow an affected employee to seek medical attention, seek help from victim services organisations, get counselling, get a court order, relocate, take advice or seek assistance from gardaí.

Domestic violence leave will be paid at a rate which may be prescribed by the Minister for Children, Equality, Disability, Integration and Youth and subject to a maximum of five days in any 12 months period.

Parents and carers’ rights

All employees will have a right to request remote working, however, the right to request any other type of flexible working, such as reduced working hours or adjusted working patterns, will remain limited to parents and carers, as defined in the bill. The government has also directed that a review of flexible working should take place after two years. This review will include a consideration of whether the right to request flexible working should be extended to all workers. This will give organisations time to introduce their flexible working policies and gauge how they are operating against business needs.

Remote working

The bill will introduce the right to request remote working for all employees. The Right to Request Remote Working Bill originally provided for 13 specific grounds upon which an employer could refuse a request, as well as a general “business grounds” provision. The 13 specific grounds have now been removed from the bill. The bill stipulates that employers will have to maintain a written remote work policy, and to have regard for the Code of Practice developed by the Workplace Relations Commission (WRC) when considering requests.

Under the integrated bill, there will now be an obligation on the

Caroline Reidy

Managing director

The HR Suite

If you are an organisation based in the Republic of Ireland and require further information or advice relating to HR, please do not hesitate to contact The HR Suite’s office on (066)7102887 or email info@thehrsuite.com employer to consider both their needs and the needs of employees when considering a request. Employers will also be required to have regard to a Code of Practice and a complaint can be taken to the WRC where an employer has not complied with the Code of Practice or the other requirements of the bill.

Two years’ breastfeeding breaks

There will be an extension of the current entitlement to breastfeeding breaks under the Maternity Protection Acts from six months to two years. Currently breast-feeding employees are entitled to take up to one hour off work each day, with pay, for breastfeeding/ lactation purposes, for the first six months after birth, and this is due to increase up until the child is two years old.

Also, women who have transitioned into males, and subsequently given birth to a child, provided they hold a gender recognition certificate under the Gender Recognition Act 2015, will have an entitlement.

Conclusion

It is expected that the legislation will be enacted in the summer of 2023.We advise that employers take note of the provisions of the current draft of the bill and make necessary preparations for its eventual enactment. ■