Oireachtas Joint and Select Committees
Thursday, 22 September 2022
Joint Oireachtas Committee on Gender Equality
Recommendations of the Report of the Citizens’ Assembly on Gender Equality: Discussion (Resumed)
Dr. Laura Bambrick:
This is definitely Mr. Joyce's area of expertise.
I will add that based on the media reporting about the Bill, which apparently was signed off by Cabinet this week, employers will pay salaries for those ten days. In our discussions around sick leave, the argument was made that workers needed to provide sick certificates from doctors because if employers were going to pay, they had the right to request proof of illness or that the employee was unfit to work. If we follow that argument in relation to employers paying for time off for domestic violence leave, should they require proof? However, it is being reported that while employers will pay for domestic violence leave days, a clawback will be put in place and the Government will reimburse the employer. The reason employers will be asked to pay initially is that the employee receives the payment in the next payroll and that does not become a barrier to a person taking the leave. If there is no actual out-of-pocket cost to the employer, this is further reason that it be based on an honour system whereby people approach their employer and state they need to exercise their right to domestic leave. Whether it is for a half day to see a solicitor or to look for accommodation, it should be an honour system and a person should be taken at her or his word. Systems will be put in place by this Bill to look back after a year to see how it has worked. There will be an opportunity to re-evaluate. However, in the first instance, especially where no out-of-pocket expenses are incurred by employers, we should move forward and start with an honour system. We can look back after a year.
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