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

I move: "That the Bill be now read a Second Time."

I am pleased to address the House on Second Stage of the Work Life Balance and Miscellaneous Provisions Bill 2022.

The purpose of this Bill is to ensure Ireland fully transposes Articles 6 and 9 of the EU work-life balance directive, which are the final elements not already compatible with Irish law. The Bill also fulfils an important and long-standing commitment to extend the entitlement to breast-feeding breaks under the Maternity Protection Acts. With this extension, women returning to work after having a baby will be entitled to these breaks for two years after the birth of the child. Breast-feeding numbers in Ireland remain low, particularly for extended breast-feeding, and these breaks make combining the return to work and breast-feeding a bit easier. This will also normalise something that still can have a stigma attached to it. Today, my colleague Senator Pauline O’Reilly, in a motion before the Seanad, highlighted the importance of breast-feeding and the supports the State can put in place for breast-feeding.

I also confirm that I intend to bring Committee Stage amendments to this Bill to introduce a form of domestic violence leave, following the publication of the domestic violence leave report, which includes recommendations on how best to support employees experiencing domestic abuse. Addressing domestic, sexual, and gender-based violence, DSGBV, has always been a priority of mine, and I am very pleased to be able to bring forward these legislative amendments, which mean Ireland will become one of the first countries in Europe to introduce a right to paid leave for victims of domestic violence.

Domestic violence leave is intended to provide a key support to victims of DSGBV who are in real distress. A requirement for evidential proof that a person has been victimised could serve to undermine the operation of the legislation. Consequently, for the initial two-year period of the operation of the leave, there will be no requirement for a person to present evidence to avail of the leave. The application of the leave and the effectiveness of the legislation will be reviewed at that time, and if issues arise with respect to misuse of this leave, changes may be made to permit employers to ask for supporting evidence, should they so require it. I recently met with Jan Tinetti, the Minister for Women of New Zealand. She spoke very positively of how the introduction of domestic violence leave there had encouraged greater openness and awareness of domestic violence in all its forms.

I now turn to the main provisions of the Bill. Section 1 is a standard provision. Section 2 provides for a number of definitions related to the provisions of the Bill. These include a definition of "flexible working arrangement", which includes remote working arrangements, flexible working schedules or reduced working hours, and a definition related to significant care or support for a serious medical reason. Section 3 provides for further definitions, including a new subsection 3A to ensure employees who have had successive contracts with an employer fall under the new entitlements. Section 4 provides for necessary consequential amendments.

Section 5 inserts a new section 13A into the principal Act to provide for leave for medical care purposes. This new form of leave matches the provisions of Article 6 of the work-life balance directive on carer's leave. The Carer's Leave Act 2001 already provides for a form of leave for those with caring responsibilities but for a more extended period. To meet the requirements of the directive for a form of leave that can be taken flexibly and without a notice period, it was necessary to introduce leave for medical care purposes. Under these provisions, up to five days’ leave can be taken in any 12-month period. The leave can be taken in individual days or consecutively. The leave is available to care for a child for whom the employee is a relevant parent under the Parental Leave Act, and to care for a spouse, civil partner or cohabitant; parent or grandparent; brother or sister; or a person who resides in the same household. The leave is unpaid and, to provide the necessary flexibility required under the directive, it is not possible to provide a social protection benefit. An employer may also ask for information regarding the nature of the relationship with the person for whom the employee will be providing care and information on the need for the care, which may include a medical certificate or some other form of evidence.

Section 6 inserts new sections 13B, 13C, 13D, 13E, 13F and 13G into the Parental Leave Act. These sections outline the right to request flexible working and the procedures that must be followed by the employee and employer. These provisions give effect to Article 9 of the work-life balance directive. The entitlement follows the same lines as in section 5 for parents and carers. A request must be made in writing, setting out the form of the flexible working arrangement sought, and be submitted not later than eight weeks before the proposed commencement of the flexible working arrangement. As with the leave for medical care purposes, the employer may seek further information. An employer must respond not later than four weeks after the request has been submitted and approve the request, refuse the request and provide reasons for the refusal, or, where the employer has difficulty assessing the viability of the request, inform the employee that the four-week period has been extended. Under the new section 13D, the employer may postpone the period of flexible working for a period agreed with the employee where there would be serious operational challenges for the business. This mirrors similar postponement provisions for parental leave. The new section 13E allows for changes to the flexible working arrangement as agreed between the employer and employee, and section 13F allows for an early return to the previous working arrangement. The new section 13G provides for the termination of a flexible working arrangement where it is not used for the purpose for which it was approved.

Sections 7, 8 and 9 amend the Parental Leave Act to extend employment protections to employees availing of leave for medical care purposes. Section 10 makes some technical amendments to section 21 of the Parental Leave Act. Section 11 inserts a new section 21A into the Parental Leave Act, which sets out the directions that may be made in a decision under section 41 or 44 of the Workplace Relations Act 2015 where an employer has failed to comply with the procedures set out on the right to request flexible work in the new section 13C. Sections 12, 13 and 14 make further consequential amendments arising from the provisions in sections 5 and 6 of this Bill.

Section 15 amends the Maternity Protection Act 1994 at section 2(1) to provide for a new definition of "employee who is breastfeeding", which extends the entitlement to breast-feeding breaks under the Act from six months to two years. As I outlined, this will fulfil an important commitment. This section also deletes section 7(2) and amends section 16(1) by substituting "woman or other person" for "woman". These amendments are necessary to ensure the entitlement to maternity leave is available to any person who gives birth. This language has been slightly amended from the general scheme proposals, following consultation with LGBTI+ organisations and women's organisations, and has been deemed the most inclusive form of wording with which we can proceed.

Section 16 provides for amendments to the Adoptive Leave Act 1995 which stem from changes made to the Act through the Family Leave and Miscellaneous Provisions Bill 2021. Section 17 provides for necessary consequential amendments to the Organisation of Working Time Act 1997. Section 18 amends the Workplace Relations Act 2015 to correct an anomaly that arose as a result of the Children and Family Relationships Act 2015 being enacted shortly before the Workplace Relations Act 2015. The amendments to the Workplace Relations Act 2015 reflect the legislative intention behind section 176(f) of the Children and Family Relationships Act 2015. The section also provides for circumstances where the mother of a baby has died and the other parent is not the baby's father, to allow that other parent to bring a complaint under the Maternity Protection Act 1994 to the Workplace Relations Commission.

This Bill brings to a conclusion the implementation of the work-life balance directive through the addition of two new important provisions, namely, a right to request flexible working and the right to leave for medical care purposes. It also addresses a long-standing commitment made by the Government a number of terms back to extend the applicability of breast-feeding breaks from six months to two years. Where a mother takes up the full term of her maternity leave, the six-month limit basically rendered that right non-existent. The Bill also deals with an issue that has been debated extensively in this Dáil and the previous one, that is, the introduction of paid leave for victims of domestic violence. Deputy O’Reilly raised this issue in both Dáileanna. There are four important central developments in this legislation. I look forward to hearing Deputies’ views on the proposals and I commend the Bill to the House.

See this speech in context