Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I thank the Senators. There are several amendments which seek to amend the age limits at which a parent of a child is entitled to leave for medical care purposes and a request for flexible working arrangements. The age limits for relevant parents to request a flexible working arrangement for care purposes are aligned to the age limits for applications for parental leave, that is, the leave can be taken before the child's 12th birthday, or 16th birthday if the child has a disability or long-term illness, or the arrangement can be put in place until the child's 12th or 16th birthday. It is important to say the directive itself sets a maximum age of eight. The provisions we have here go significantly beyond what the directive sets out in this regard as we are going up to the age of 12. In addition, under the Bill, and Senator Keogan touched on this, a relevant person can also qualify for the right to request a flexible working arrangement where they are providing personal care and support for a serious medical reason, regardless or the age of the child. This may also include an adult child where there is a serious medical reason.

On amendment No. 17 and the issue of "may" versus "shall", obviously a parent or carer is fully entitled to agree a flexible working arrangement with an employer beyond the age of 12. It just will not necessarily be given the full range of protections that are contained within this legislation. There is nothing in the legislation that stops an arrangement that is working. It just will not be covered directly under this legislative process.