Work Life Balance and Miscellaneous Provisions Act - Update for Employers
The Act now requires commencement order(s) to issue in order for the remaining entitlements to enter into force. Further information regarding the anticipated timelines is set out below.
The main changes to be introduced by this Act are as follows:
1. Right to request remote working (to be commenced)
Under the Act, all employees will have a right to request remote work. An employer will be required to consider such requests in accordance with its needs, the needs of employees and a new Code of Practice to be developed by the WRC.
The WRC is working on the drafting of a Code of Practice on the Right to Request Remote Working and on the Right to Request Flexible Working arrangements for Parents and Carers.
2. Right to request flexible working arrangements for parents and carers (to be commenced)
The Act includes a right for employees with children, and those with caring responsibilities to request flexible working arrangements. Employers in receipt of such requests must consider the request in accordance with its needs and the employee’s needs and must provide reasons if refused.
The WRC is working on the drafting of a Code of Practice on the Right to Request Remote Working and on the Right to Request Flexible Working arrangements for Parents and Carers.
3. Paid domestic violence leave (to be commenced)
The Act provides for the introduction of 5 days paid domestic violence leave over a 12-month period.
On the 7th August 2023, Minister Roderic O’Gorman confirmed that provisions relating to the introduction of domestic violence leave will be commenced in the Autumn. He also announced that the prescribed rate of payment for domestic violence leave pay will be at the individual’s applicable daily rate.
Women’s Aid are currently working on supports for employers on the development of domestic violence leave policies and Ibec has engaged with Women’s Aid as part of its consultation.
4. Unpaid leave for medical care purposes for parents and carers (commenced on 3rd July 2023)
The Act introduced an entitlement to 5 days unpaid leave over a consecutive 12-month period to provide personal care/support to a care recipient for serious medical reasons. This entitlement is in addition to existing statutory entitlements to carer’s leave and force majeure leave.
See here for FAQ's and here for a sample policy on the new unpaid leave for medical care purposes.
5. Amendments to the Maternity Protection Acts (commenced on 3rd July 2023)
The Act extends the period during with there is an entitlement to breastfeeding breaks from 26 weeks to 104 weeks. The Act also provides for the extension of maternity leave entitlements to transgender men.
See here for an updated maternity leave policy.
The most recent press release issued by Gov.ie is available here. The full Act is available to view here. If you have any further queries on this topic, please contact Fiona on fiona.mulligan@sfa.ie or 01 6051557.
