Oireachtas Joint and Select Committees

Tuesday, 8 November 2022

Select Committee on Children and Youth Affairs

Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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The language is section 13G is similar to that in the model Act, the Parental Leave Act 1998. The provision in respect of abuse is similar. It has seemed to work reasonably well to protect against the potential abuse of the Parental Leave Act. It is appropriate that we continue to use language that has been used successfully unless it is proven that the language has been difficult and I am not aware that has shown to be the case.

When read with the other subsections, it is clear that an employer who has reasonable grounds for believing an employee on improved flexible working arrangements for caring purposes is not using the arrangement for the purposes for which it was approved, must, before issuing a notice terminating the arrangement, undertake a number of steps. The employer must give notice in writing to the employee of the intention to terminate the arrangement. That initial notice must contain a statement in summary form of the grounds for terminating the flexible working arrangement concerns and provide the employee with a period of time, seven days in this case, to make representation to the employer in respect of the proposed termination. Those representations must be considered by the employer before he or she decides whether to give formal notice under section 13G(2) to the employee. There is a purpose there. This language has been used in the past. I do not think we should accept this amendment.