Mary Seery Kearney (Fine Gael) | Oireachtas source

We are in danger of being overly compassionate here. We need to provide certainty for employers. If we are too broad in the provisions, we will end up with a situation whereby any person could, at any time, seek to avail a protected category of leave - that is the entitlement we are providing for here - in respect of any other person. That would leave employers in a precarious situation and unable to plan because such a situation could arise at any point. We need to be careful not to broaden it out too far.

As regards grandchildren, if a grandparent is the only person who can take leave in respect of a child needing medical care, the likelihood is that grandparent is in loco parentis. All present are aware of such instances. I am not sure it is not arguable under that.

The proposed section 13A(2)(a)(vi) provides for a very broad category of persons, namely, those residing with an individual who has a serious medical condition, where those two things combine. They do not have to be a cohabitee; they just have to be residing in the same household. It is arguable as to how inclusive or definite the interpretation of residing would be, or the duration in that regard. Any legal person worth his or her salt would be able to argue for the inclusion of a person within that category if the situation arose and it was needed. What is provided for in that regard is wide enough and has scope to include anything that may arise where the care is needed.