Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

In response to the general set of amendments, section 13B(4) provides that a flexible working arrangement for caring purposes cannot commence before an employee has completed six months' continuous service with the employer concerned. Section 13B(5) provides for workers on temporary contracts that previous employment with the employer in the past six months is deemed as a continuous period of service for purposes of calculating the qualifying period.

Providing a minimum length of service of six months before an employee can commence a flexible working arrangement allows employers time to assess the plausibility and practicalities of a request from a new employee. An employer may, of course, waive this period.

The entitlement to many forms of leave requires a minimum period of employment with an employer. For parental leave and carer's leave, for example, the minimum period is one year. Statutory sick leave also requires a period of six weeks' continuous service. The directive also envisages a notice period for flexible working arrangements.

Leave cannot commence before six months but it is important to remember it can be applied for before the six month period. As the Deputies will be aware, there is a process set out within the legislation whereby the employer is given a certain amount of time to consider the particular application. Whereas I have set criteria, in terms of 13 weeks on statutory sick leave and up to one year for parental leave, one can put in one's application for this leave in less than six months. What we are proposing here is within the range of pre-existing work with an employer.