Congress notes the Government approval today for publication of the Work-Life Balance and Miscellaneous Provisions Bill 2022, which will introduce a range of measures required to transpose the EU Work-Life Balance Directive to improve family-friendly work practices and support women in the workforce.
The Bill will include a right to leave for medical care purposes, both for employees with children up to age 12 and carers and an extension of the current entitlement to breastfeeding/lactation breaks from six months to two years – a long-standing demand from Congress.
It will also introduce a right to request flexible working arrangements for caring purposes, for parents and carers. While welcome, It is our view that limiting this right is a lost opportunity, and the right to request flexible working arrangements should be available to all workers.
Additionally, the Bill will see the introduction of paid leave for victims of domestic violence – a very significant breakthrough. Once enacted, those who are suffering or at risk of domestic violence will be entitled to five days of paid leave per year. We had advocated for 10 days in our submission to the consultation on the Bill and note that as part of a review within two years that consideration will be given to increasing the entitlement to 10 days leave.
The right for employers to request “reasonable” proof is problematic in our view and could act as a potential barrier to reporting and increased risk for people experiencing domestic violence. Congress would prefer the legislation to be silent on the issue of proof which could also be a significant burden on employers required to adjudicate on such matters.
Finally, we welcome the recognition of the need for such leave to be integrated into a wider Domestic Violence Employer Policy. Trade unions have been breaking ground here in negotiating such policies with employers and we look forward to further involvement in this area.
Congress Equality Officer, David Joyce, added: "Today’s announcement is hugely significant and Minister O’Gorman is to be commended for bringing it to this stage. It is also significant in the context of the signalled ratification before the end of the year of ILO Convention 190 on violence and harassment in the world of work which recognises that domestic violence can impact the world of work and requires governments to take appropriate measures to recognise the effects of domestic violence and, so far as is reasonably practicable, mitigate its impact in the world of work".
