Seanad debates

Wednesday, 15 February 2023

Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (Resumed)

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 33:

In page 15, between lines 32 and 33, to insert the following: “(2A) Where an extension under subsection (2) occurs, the employer shall notify the employee in writing of the reasonable grounds upon which such the extension is required.”.

I do not see my notes but I will continue anyway. Amendment No. 33 effectively is related to the fact that an employer can extend the period of time of making a decision on a flexible working arrangement request. My amendment states that where there is an extension of the time period for making a decision on a flexible working arrangement request, the employer shall notify the employee in writing of the reasonable grounds on which the extension is required. Basically, this is to ensure that it cannot be simply automatic. At the moment, the Bill simply states that they can extend it by another eight weeks. That is two months. Two months is very long for people, for example, seeking a flexible working arrangement because they have a difficult family situation, such as a family member stepping down from hospital in need of care who needs them to be able to work at home for part of the time.It should not simply be sufficient that the employer can say they have taken a month, and now they are going to take another two months and they will get back to you then. I am not objecting to the extension. I am simply saying that a rationale should be provided. It cannot simply be that they decided not to think about it, or chose not to examine the issue, or that they are basically against giving you this leave so will stall it as long as they can in the hope that your family situation resolves itself and that you stop the request. There are lots of things. It should be reasonable grounds. For example, if you are looking at and examining the work balance in the workplace, or at how the rota might work. Lots of reasonable grounds can be imagined. In such circumstances it is fine for an employer to take an extension. However, an automatic two-month extension on not getting back to somebody leaves people in limbo. It means people will be in limbo for three months waiting for the decision, without knowing why they are waiting that extra two months. It is a reasonable balance for the reason to be given as to why the extension is being taken, rather than sought, because it is there for the taking.

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