Seanad debates

Tuesday, 31 January 2023

Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage

 

2:30 pm

Photo of Mary Seery KearneyMary Seery Kearney (Fine Gael) | Oireachtas source

I am hesitant about what I am going to say. I have checked and double-checked my thinking on it to make sure I am accurate. While I have great sympathy for the points made by Senators Warfield and Higgins, I believe the amendment is about substituting the 26 weeks for one week in the context of ceasing employment. I note the Minister nodding, so it must be right. If I end my employment with an employer and return to work with that employer within 26 weeks, the period before my ending the employment is added on when it comes to the calculation of my service for the purpose of the operation of this Act. It is taken as continuous employment. I have read and reread the legislation. While the Senators' sentiments are correct, they are misplaced in respect of section 4. They do not accurately reflect what is stated in the section. The section refers to the calculation of service and states that as long as one re-enters employment within six months after leaving, one's employment is regarded as continuous in the calculation of service. While the argument on six months is for a later point, with which I have sympathy, it is unnecessary at this point because the legislation states something that differs from what the Senators are saying it states. I am loath to make these remarks.

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