Work Life Balance and Miscellaneous Provisions Act 2023
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Insertion of new Part IIA in Principal Act | ||
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8. The Principal Act is amended by the insertion of the following Part after Part II: | ||
“PART IIA | ||
Requests for flexible working arrangements for caring purposes | ||
Right to request a flexible working arrangement for caring purposes | ||
13B. (1) The following may request a flexible working arrangement: | ||
(a) an employee who is a relevant parent of a child and who is or will be providing care to that child for the purpose of providing care to that child; | ||
(b) an employee who is or will be providing personal care or support to a person to whom this paragraph applies for the purpose of providing such care or support to that person. | ||
(2) Subsection (1)(b) applies to a person who— | ||
(a) is one of the following: | ||
(i) a person of whom the employee is the relevant parent; | ||
(ii) the spouse or civil partner of the employee; | ||
(iii) the cohabitant of the employee; | ||
(iv) a parent or grandparent of the employee; | ||
(v) a brother or sister of the employee; | ||
(vi) a person, other than one specified in any of subparagraphs (i) to (v), who resides in the same household as the employee, | ||
and | ||
(b) is in need of significant care or support for a serious medical reason. | ||
(3) A flexible working arrangement for the care of a child referred to in subsection (1)(a) shall end— | ||
(a) subject to paragraphs (b) and (c), not later than the day on which the child concerned has attained the age of 12 years, | ||
(b) subject to paragraph (c), in the case of a child who— | ||
(i) is the subject of an adoption order, and | ||
(ii) has, on or before the date of the making of that order, attained the age of 10 years but not 12 years, | ||
not later than the expiration of the period of 2 years beginning on that date, or | ||
(c) if the child concerned has a disability or a long-term illness, as defined in section 6(9), not later than the date on which the child— | ||
(i) attains the age of 16 years, or | ||
(ii) ceases to have that disability or long-term illness or any other disability or long-term illness, | ||
whichever first occurs. | ||
(4) An employee’s approved flexible working arrangement shall not commence before a time when the employee concerned has completed 6 months continuous employment with the employer concerned. | ||
(5) For the purposes of this section, where an employee ceases to be the employee of an employer and, not more than 26 weeks after the date of cesser, the employee again becomes the employee of the employer, the period of service of that employee with that employer before the date of cesser shall be deemed to be continuous with the period of service of that employee with that employer after again becoming such employee. | ||
(6) A request for a flexible working arrangement referred to in subsection (1) shall— | ||
(a) be in writing and signed by the employee, | ||
(b) specify the form of the flexible working arrangement requested and the date of commencement and duration of the flexible working arrangement, and | ||
(c) be submitted to his or her employer as soon as reasonably practicable but not later than 8 weeks before the proposed commencement of the flexible working arrangement. | ||
(7) An employee who has submitted a request in accordance with subsection (6) to his or her employer shall, if the employer so requests, furnish to the employer such information as the employer may reasonably require in relation to the person in respect of whom the request is made, including— | ||
(a) in the case of a child referred to in subsection (1)(a), a copy of the child’s birth certificate or a certificate of placement within the meaning of the Adoptive Leave Act 1995 , or | ||
(b) in the case of a person referred to in subsection (1)(b)— | ||
(i) the employee’s relationship with the person in respect of whom the request is made, | ||
(ii) the nature of the significant care or support which the person concerned is in need of, and | ||
(iii) relevant evidence relating to the need of the person for the significant care or support concerned. | ||
(8) Before the date on which an agreement referred to in section 13C(1)(b)(i) is signed by the employer and the employee, the employee may, by notice in writing signed by him or her and given to the employer, withdraw a request submitted in accordance with subsection (6) by him or her. | ||
(9) In subsection (7)(b)(iii), ‘relevant evidence’, in relation to the person for whom the care or support is to be provided, means— | ||
(a) a medical certificate— | ||
(i) stating that the person named in the certificate is in need of significant care or support for a serious medical reason, and | ||
(ii) signed by a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007 , | ||
or | ||
(b) if the employee does not have a medical certificate referred to in paragraph (a), such evidence as the employer concerned may reasonably require in order to show that the person concerned is in need of significant care or support for a serious medical reason. | ||
Obligation on employer to consider request under section 13B | ||
13C. (1) An employer who receives a request for a flexible working arrangement submitted in accordance with section 13B(6) shall— | ||
(a) consider that request, having regard to his or her needs and the employee’s needs, and | ||
(b) as soon as reasonably practicable but, subject to subsection (2), not later than 4 weeks after receipt of the request— | ||
(i) approve the request, which approval shall include an agreement prepared and signed by the employer and employee setting out— | ||
(I) the details of the flexible working arrangement, and | ||
(II) the date of commencement and the duration of the flexible working arrangement, | ||
(ii) provide a notice in writing informing the employee that the request has been refused and of the reasons for the refusal, or | ||
(iii) where subsection (2) applies, provide a notice in writing to the employee that the employer has extended the 4 week period under this subsection for a further period specified in the notice. | ||
(2) Where an employer is having difficulty assessing the viability of the request for a flexible working arrangement, the employer may extend the 4 week period referred to in subsection (1) by a further period not exceeding 8 weeks. | ||
(3) When the agreement referred to in subsection (1)(b)(i) is signed by the employer and the employee, the employer shall retain the agreement and provide a copy of the agreement to the employee who shall retain it. | ||
Changes to flexible working arrangements | ||
13D. (1) If, after the date on which an agreement referred to in section 13C(1)(b)(i) is signed by the employer and the employee (whether or not the approved flexible working arrangement to which it relates has commenced), the employer and the employee so agree, in writing— | ||
(a) the flexible working arrangement or part of it may be postponed to such time as may be agreed to, | ||
(b) the period of the flexible working arrangement may be curtailed in such manner and to such extent as may be agreed to, or | ||
(c) the form of the flexible working arrangement may be varied in such manner as may be agreed to, | ||
and in such a case the agreement referred to in section 13C(1)(b)(i) shall be deemed to be amended accordingly. | ||
(2) If, after the date on which an agreement referred to in section 13C(1)(b)(i) is signed by the employer and the employee and the flexible working arrangement has not commenced, the employee concerned becomes ill or incapacitated such that the employee is unable to care for the person who is the subject of an approved flexible working arrangement, the employee may, by notice in writing given to the employer concerned, as soon as is reasonably practicable after becoming ill or incapacitated, and accompanied by the relevant evidence in respect of the illness or incapacity, postpone the commencement of the flexible working arrangement to such time as the employee is no longer ill or incapacitated, and in such a case the agreement referred to in section 13C(1)(b)(i) shall be deemed to be amended accordingly. | ||
(3) In subsection (2), ‘relevant evidence’, in relation to an employee, means— | ||
(a) a medical certificate— | ||
(i) stating that the employee named in the certificate is, by reason of the illness or incapacity specified in the certificate, unable to care for the person named in the certificate, and | ||
(ii) signed by a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007 , | ||
or | ||
(b) if the employee does not have a medical certificate referred to in paragraph (a), such evidence as the employer concerned may reasonably require in order to show that the employee is, by reason of illness or incapacity, unable to care for the person concerned. | ||
Termination in certain circumstances of flexible working arrangement | ||
13E. (1) If, after the date on which an agreement referred to in section 13C(1)(b)(i) is signed by the employer and the employee (whether or not the approved flexible working arrangement to which it relates has commenced), the employer is satisfied that the flexible working arrangement would have, or is having, a substantial adverse effect on the operation of his or her business, profession or occupation, by reason of— | ||
(a) seasonal variations in the volume of the work concerned, | ||
(b) the unavailability of a person to carry out the duties of the employee in the employment, | ||
(c) the nature of the duties of the employee in the employment, | ||
(d) the number of employees in the employment, | ||
(e) the number of employees in the employment whose periods, or parts of whose periods, of an approved flexible working arrangement will fall within the period specified in the employee’s approved flexible working arrangement, or | ||
(f) any other matters relevant to the substantial adverse effect on the operation of his or her business, profession or occupation, | ||
the employer may, having regard to his or her needs, the employee’s needs and the requirements of the code of practice, by notice in writing terminate the arrangement and the notice shall specify the day (being a day not later than the date of the end of the period of the arrangement specified in the agreement referred to in section 13C(1)(b)(i), nor, subject to the foregoing requirement, earlier than 4 weeks after the date of the receipt by the employee concerned of the notice) on which the employee must return to work. | ||
(2) Where an approved flexible working arrangement is terminated under subsection (1), the employee concerned shall return to the employee’s original working arrangement on the day specified in the notice under that subsection. | ||
(3) A notice under subsection (1) shall contain a statement in summary form of the grounds for terminating the flexible working arrangement concerned. | ||
(4) Where an employer proposes to give a notice under subsection (1) to an employee of his or hers, the employer shall, before giving the notice, give notice in writing of the proposal to the employee and the notice shall contain a statement in summary form of the grounds for terminating the flexible working arrangement concerned and a statement that the employee may within 7 days of the receipt of the notice make representation to the employer in relation to the proposal, and any such representations made by an employee to an employer within the period aforesaid shall be considered by the employer before he or she decides whether to give a notice under subsection (1) to the employee. | ||
(5) A person shall retain a notice under this section given to him or her and a copy of a notice under this section given by him or her. | ||
(6) Where a flexible working arrangement is terminated under subsection (1), the agreement referred to in section 13C(1)(b)(i) shall be deemed to be revoked accordingly. | ||
Early return to previous working arrangement | ||
13F. (1) After the date on which an agreement referred to in section 13C(1)(b)(i) is signed by the employer and the employee and prior to the expiration of the employee’s approved flexible working arrangement, the employee may by notice in writing signed by him or her and given to the employer, request an early return to the original working arrangements that he or she held immediately before the approval of the flexible working arrangement. | ||
(2) The notice referred to in subsection (1) shall set out the reasons for the early return to the original working arrangements and the proposed date for the early return. | ||
(3) An employer who receives a request referred to in subsection (1) shall— | ||
(a) consider that request, having regard to his or her needs and the employee’s needs, and | ||
(b) as soon as reasonably practicable but not later than 4 weeks after receipt of the request, by notice in writing, respond to the employee to inform him or her— | ||
(i) that the request has been approved, or | ||
(ii) that the request has been refused and of the reasons for the refusal. | ||
(4) If the employer agrees to the early return to the original working arrangements but refuses to agree to the proposed date of return set out in the notice referred to in subsection (1), the notice under subsection (3) by the employer shall propose an alternative date for the return. | ||
(5) On the expiration of the employee’s approved flexible working arrangement, the employee concerned shall be entitled to return to the original working arrangement that he or she held immediately before the approval of the flexible working arrangement. | ||
Abuse of flexible working arrangement | ||
13G. (1) An approved flexible working arrangement is subject to the condition that it is used for the purpose for which it was approved. | ||
(2) Where an employer has reasonable grounds for believing that an employee of his or hers who is on an approved flexible working arrangement is not using the arrangement for the purpose for which it was approved, the employer may, by notice in writing given to the employee, terminate the approved flexible working arrangement and the notice shall contain a statement in summary form of the grounds for terminating the arrangement and shall specify the day (being a day not later than the date of the end of the period of the arrangement specified in the agreement referred to in section 13C(1)(b)(i), nor, subject to the foregoing requirement, earlier than 7 days after the date of the receipt by the employee concerned of the notice) on which the employee must return to work. | ||
(3) Where an approved flexible working arrangement is terminated under subsection (2), the employee concerned shall return to the employee’s original working arrangement on the day specified in the notice under that subsection. | ||
(4) Where an employer proposes to give a notice under subsection (2) to an employee of his or hers, the employer shall, before giving the notice, give notice in writing of the proposal to the employee and the notice shall contain a statement in summary form of the grounds for terminating the flexible working arrangement concerned and a statement that the employee may within 7 days of the receipt of the notice make representation to the employer in relation to the proposal, and any such representations made by an employee to an employer within the period aforesaid shall be considered by the employer before he or she decides whether to give a notice under subsection (2) to the employee. | ||
(5) A person shall retain a notice under this section given to him or her and a copy of a notice under this section given by him or her. | ||
Review of Part | ||
13H. (1) The Minister shall, not earlier than one year and not later than 2 years after the commencement of this Part, after consultation with the Minister for Enterprise, Trade and Employment, the Workplace Relations Commission, persons whom he or she considers to be representative of employers generally and persons whom he or she considers to be representative of employees generally, conduct a review of the operation of this Part, having regard to Directive (EU) 2019/1158 of 20 June 20193 and may, as part of the review, consider whether the right to request a flexible working arrangement should be extended to all employees. | ||
(2) The Minister shall prepare a report in writing of the findings of the review conducted under subsection (1) and shall cause copies of the report to be laid before each House of the Oireachtas.”. | ||