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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: I am pleased to be here to debate this Bill. As I said on Second Stage, it is Ireland's most ambitious legislation directed solely at improving work-life balance. I look forward to our discussions today. The Bill not only transposes the EU work-life balance directive, but it will also help to fulfil a number of programme for Government commitments for parents and carers. It will deliver a...

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

Roderic O'Gorman: The Bill as initiated inserts a new subsection (3A) into section 6 of the principal Act to provide for workers who have had successive temporary contracts with the employer in the last six months to be deemed as having had a continuous period of service for the purpose of calculating the qualifying period. The amendment, as drafted, would appear to reduce the six-month or 26-week period to...

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. 2: In page 5, line 34, to delete “ “sickness”;” and substitute “ “sickness”,”. Amendment No. 2 is grouped with amendments Nos. 3, 4, 8, 34 to 38, inclusive, and 44. All of these technical amendments are to correct grammatical errors. Government amendments Nos. 2 to 4, inclusive, and amendment No. 8 deal with...

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 3: In page 6, line 4, to delete “after section 13”.

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. 4: In page 6, line 15, to delete “employee; or” and substitute “employee;”.

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

Roderic O'Gorman: This set of amendments intend to remove from the Bill the provisions related to the ability of an employer to seek relevant evidence of the circumstances in which an employee is taking leave for medical care purposes. The central part of the policy development from a data protection perspective is that the design of the system should seek to achieve the minimum invasion of privacy rights, be...

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

Roderic O'Gorman: There are a range of ways in which the necessary evidence can be provided to the employer, and the employee could engage with the employer on what would be the requisite levels of evidence that may not require the level of detail the Deputy is suggesting.

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

Roderic O'Gorman: Again, there is an ability for the employee to engage with the employer regarding the type of evidence that is required to base a grant of leave under that provision.

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

Roderic O'Gorman: In that case, there are provisions under the Workplace Relations Commission for actions to be taken if an employee believes an employer is unjustifiably refusing the grant of leave.

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

Roderic O'Gorman: Everything that is done under this legislation has to be compatible with the GDPR because, as we know, the GDPR is EU legislation and, therefore, it takes primacy. As I said, I am examining whether it would be helpful to provide an explicit legal basis in this legislation regarding the processing of data. Article 9 of the GDPR and section 46 of the Data Protection Act allow for the...

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

Roderic O'Gorman: In that circumstance, the person could sign an affidavit confirming the birth date of the child.

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

Roderic O'Gorman: The provision of the birth certificate is probably a simpler method of proving that, given it is a form of proof-----

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

Roderic O'Gorman: I think it relates primarily to the date of birth of the child.

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

Roderic O'Gorman: It is in order that that there is proof of the child's date of birth.

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

Roderic O'Gorman: There is a restriction on the applicability of flexible work to parents of children up to 12 years of age.

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

Roderic O'Gorman: There is a provision for cases where they require care. If the parent is a carer, that can continue beyond the age of 12.

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

Roderic O'Gorman: To return to the Deputy’s initial point, regarding an elderly parent's details and so on, a person can provide a statement of fact as to why the care is necessary that would not require that degree of detail, and that is provided for in the legislation.

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

Roderic O'Gorman: It is one of the methods for how information can be provided.

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