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Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: Yes.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: Just as the Chair had to write that letter, I did not make this ruling. It was made by the Bills committee. I saw this when it was circulated, at the same time as committee members. To speak to Deputy Sherlock's point, my Department has commissioned a piece of work on pregnancy loss in the workplace. That is a subset of the wider piece the Deputy is speaking to. It has been commissioned...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: I understand the Deputy intends to amend the age limits for a child to which the entitlement for leave for medical care purposes and to request the flexible working arrangement. The age limits for relevant parents to request a flexible working arrangement for care purposes are aligned with the age limits for the existing parental leave. The leave can be taken before the child's 12th...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: The directive very much focuses on young children and stipulates the age of eight years as a minimum point. Rather than rely on the directive, we decided to look at how existing types of leave are provided. Parental leave provides that a significant amount of unpaid leave can be taken up until a child has reached 12 years. We felt that 12 years was a suitable level at which to set the...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: We can consider that on Report Stage. It is important that we get this legislation passed rapidly but I will consider the Deputy's suggestion.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: This Bill uses the language of the Parental Leave Act. The amendment seeks to replace the words "ceases to have that disability or long-term illness or any other disability or long-term illness". The Bill includes a reference to "disability" and "long-term illness", whereas the language the Deputy seeks to substitute refers only to recovering from "long-term illness" and does not refer to...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: The amendment only refers to recovery from "long-term illness or any other long-term illness” whereas the provision the Deputy seeks to delete refers to "disability or long-term illness".

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: I am not clear if the Deputy is deliberately leaving out disability in terms of the amendment that she is bringing forward. The Deputy's substitute language only refers to "long-term illness". The existing legislation that we are dealing with categorised "disability" and "long-term illness". I am wondering if the Deputy is leaving disability out.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: Recovered?

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: 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...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: An employer can provide benefits to an employee outside of what is set out in statute. There is statutory annual leave and an employer can do more. Employers can be flexible. We spoke about that already in terms of many employers dealing flexibly when they arrive at a circumstance where an employee is already a victim of, for example, domestic violence. This is a floor in terms of a...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: Section 13D(1) closely follows the existing provisions of the Parental Leave Act 1998. It tries to cover the wide scope of employment types that exist and any other relevant grounds for postponement that may arise that have not been provided for in the section. The directive is clear that there is a need to balance the needs of workers with those of employers in relation to flexible working...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: 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...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: I move amendment No. 21: In page 13, between lines 33 and 34, to insert the following: “Amendment of section 14 of Principal Act 7. Section 14 of the Principal Act is amended— (a) in subsection (2), by the substitution of ‘, force majeureleave, leave for medical care purposes and domestic violence leave’ for ‘and force majeureleave’, (b) in...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: I move amendment No. 22: In page 14, lines 24 and 25, to delete “force majeureleave or leave for medical care purposes,” and substitute “force majeureleave, leave for medical care purposes or domestic violence leave,”.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: I move amendment No. 23: In page 15, line 6, to delete “force majeureleave or leave for medical care purposes” and substitute “force majeureleave, leave for medical care purposes or domestic violence leave”.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: I move amendment No. 24: In page 15, line 14, to delete “force majeureleave or leave for medical care purposes” and substitute “force majeureleave, leave for medical care purposes or domestic violence leave”.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: I have such a thing but not off the top of my head. Perhaps we could come back to the Deputy on that point.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: Perhaps even by the end of the session we could comment on that matter.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: I move amendment No. 25: In page 15, line 25, to delete “or leave for medical care purposes” and substitute “, leave for medical care purposes, domestic violence leave”.

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