Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 3:

In page 9, between lines 11 and 12, to insert the following: "(2A) Subsection (1) shall also apply to the following persons where a person is in need of significant care or support for a serious medical reason and no persons prescribed under subsection (2) have applied for medical leave for that case—

(a) a niece or nephew of the employee,

(b) an aunt or uncle of the employee, or

(c) a grandchild of the employee.".

I feel quite strongly about this amendment. It points to a gap in the understanding of care and medical care leave in the Bill. My amendment would seek to amend the provisions. The list of relevant persons included in the Bill is quite narrow. The Child and Family Relationships Act recognises the many and complex relationships that children and each of us may have. The most relevant person to a person in need of medical care may not always be a spouse, cohabitant, brother or sister.My amendment does not expand it indefinitely, allowing multiple persons to take medical leave. Instead, it seeks to expand it to cover cases where people are in hospital or need medical care and no one else applies to give them that medical care. Relationships are complicated. People may be estranged from their parents and unwilling to provide that medical care for them. In such circumstances, an aunt or an uncle may be in a position to provide that medical care and should be allowed to do so. Similarly, a person's niece or nephew may be able to provide that care. If somebody is sick and needs that medical care but does not have children or a spouse, it may be the case that a niece or nephew could provide it. The section provides for the provision of care to grandparents but not grandchildren. This amendment includes grandchildren of an employee who need care as relevant persons where a parent of that grandchild cannot provide it. This acknowledges the reality of relationships.

As we have discussed when dealing with other legislation, relationships are complicated. I am not suggesting we add these in as extra categories but rather that we provide that, where no parent, grandparent, cohabitant, spouse or brother or sister has applied for leave to provide medical care, this slightly expanded range of relatives might be allowed to apply for that medical care leave. It would show an understanding and prevent situations in which persons are left isolated. Given the pressures on our hospitals and so on at the moment, we know it can sometimes be something as simple as there being somebody who can provide a certain amount of care that allows someone to make the transition out of hospital or acute care and into their own home. It would be a pity if we did not facilitate that.