Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I move amendment No. 6:

In page 24, between lines 3 and 4, to insert the following:"21.(1) Where an employee is entitled to work pursuant to section 20 but it is not reasonably practicable for the employer to permit the employee to return to work in accordance with that section, the employee shall be entitled to be offered by his or her employer suitable alternative employment under a new contract of employment.

(2) Work under a new contract of employment constitutes suitable alternative work for the purposes of this Act if—

(a) it is of a kind that is suitable in relation to the employee concerned and appropriate for the employee to do in the circumstances,

(b) the terms or conditions of the contract—

(i) relating to the place where the work under it is required to be done, the capacity in which the employee concerned is to be employed and any other terms or conditions of employment are not less favourable to the employee than those of his or her contract of employment immediately before the start of the period of absence from work while on parental leave, and

(ii) incorporate any improvement to the terms or conditions of employment to which the employee would have been entitled if he or she had not been so absent from work during that period,

and

(c) the continuity of service is preserved.".

I spoke briefly to the Minister of State outside about this and I apologise for not getting back to him to discuss it further. I bring forward this amendment having been contacted by a number of bodies representing employers. I do not for a minute want anybody to think we are not supportive of the Bill, as we are very much supportive of it, and it is very welcome that the motivation behind the legislation is to improve the work-life balance for parents. It is a concept that we support. However, in doing that we must be cognisant of having a fair balance. We must achieve an improved work-life balance for parents while considering the need for sustainable employment and enhanced economic competitiveness.

I suppose it is unfortunate in a sense. My understanding is that no regulatory impact assessment has been done on the effects of this legislation relating to creation and retention of jobs, in particular in respect of the amendment I am putting forward.

This proposed amendment seeks to allow employers to offer employees returning from parent's leave alternative employment under a new contract of employment if it is not reasonably practical for the employer to permit the employee to return to his or her previous role. The new employment offered must be suitable for the employee concerned. Furthermore, the contract must not be on terms that are less favourable to the employee and must incorporate any improvement to the terms or conditions of employment to which the employee would have been entitled if he or she had not been on leave. Continuity of service is maintained. My understanding is that a similar provision exists in section 27 of the Maternity Protection Act 1994, section 19 of the Adoptive Leave Act 1995 and section 16 of the Parental Leave Act 1998, as amended.

The point has been made that leave provided for under this Bill is only for a short period. As such, the job of an employee should not be required to change in that period. That would be correct in a sense if this was stand-alone legislation. However, the leave will rise from two weeks to seven weeks over the coming three years up to 2021. The period of leave is likely to be added on to the end of a longer period of leave. For example, a person who takes maternity leave and then additional unpaid maternity leave of up to 42 weeks in total can then add the two weeks' paid parental leave to the end of that period. During such a period there may have been significant changes in the workplace. A client could have gone or a department may have changed. If the woman returns following maternity leave, the employer would have this right. However, because the two weeks of parental leave is attached to the end of that period, the employer no longer has that right.

My views are stronger in respect of this amendment. Standing alone, I can see where the Department and the Minister of State are coming from. However, if joined up with other protected leave legislation and taken concurrently, then to my mind there is an anomaly. I believe this amendment will rectify that anomaly.

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