Minister O’Gorman announces introduction of paid leave for victims of domestic violence

The Government has today (September 23rd) announced approval of publication of the Work Life Balance and Miscellaneous Provisions Bill 2022, which will introduce a range of measures to improve family-friendly work practices and support women in the work force.

The Bill will see the introduction of paid leave for victims of domestic violence. Once enacted, those who are suffering or at risk of domestic violence will be entitled to five days of paid leave per year. The Government will also put in place supports for employers to assist them in developing domestic violence workplace policies and to better support employees experiencing domestic violence.

In addition to measures on domestic violence, the Bill contains three key measures to support families and carers, namely:

• A right to request flexible working arrangements for caring purposes, for parents and carers

• A right to leave for medical care purposes, both for employees with children up to age 12 and carers

• Extension of the current entitlement to breastfeeding/lactation breaks from six months to two years

Commenting on the Bill, Minister O’Gorman said:

“I am pleased to have secured Cabinet approval for publication of the Work Life Balance Bill. We are committed to ensuring that every child gets the best start in life, and supporting all parents to spend more time with their children in those precious early years is a big part of that.

“Through a wide-ranging suite of measures, it will provide additional flexibility to ensure that parents and carers can be supported to balance their working and family lives.

“Importantly, the Bill will also provide significant assistance to those who are suffering domestic, sexual or gender-based violence. The Government has always prioritised the issue of domestic, sexual, and gender-based violence, and Ireland will now become one of the first countries in Europe to introduce a right to paid leave for victims of domestic violence.”

The Government also approved the Domestic Violence Leave Report which includes recommendations on how best to support employees experiencing domestic abuse.

The report makes two key recommendations:

1. That a form of domestic violence leave be introduced; and

2. That supports for employers be put in place to assist them in developing domestic violence workplace policies to complement the leave and better support employees experiencing domestic violence.

The Minister intends to introduce legislative provisions providing for a form of domestic violence leave as Committee Stage amendments to the Work Life Balance and Miscellaneous Provisions Bill.

ENDS

Notes to the Editor:

Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers aims to increase the participation of women in the labour market and the shared take-up of family-related leave and flexible working arrangements. It also provides opportunities for employees to be granted leave to care for relatives and those in the same household who need support. Member States have three years to adopt laws, regulations and administrative provisions necessary to comply with the Directive (2 August 2022). Requirements under the Directive include:

• Article 4: Paternity Leave - Member States must provide 10 working days of paid paternity leave – paid at no less than the level of sick pay.

• Article 7: Time off from work on grounds of force majeure - Member States are to ensure that each worker has the right to time off from work on grounds of force majeure for urgent family reasons in the case of illness or accident making the immediate attendance of the worker indispensable.

• Article 5: Parental Leave - Member States are required to provide for four months parental leave, two months (9 weeks*) of which must be paid and non-transferable (between parents).

The Work Life Balance and Miscellaneous Provisions Bill transposes:

• Article 6 – Member States shall take the necessary measures to ensure that each worker has the right to Carers’ Leave of five working days per year.

• Article 9 - Member States shall take the necessary measures to ensure that workers with children up to a specified age, and carers have the right to request flexible working arrangements for caring purposes. The Directive defines flexible working as including, where possible, remote working arrangements, flexible working schedules, or a reduction in working hours.

The amendments to transpose these Articles will be done by way of amendment to the Parental Leave Act 1998:

1. A new section 13B “Right to request a flexible working arrangement for caring purposes” will be inserted into the Act, to provide for the right for employees with children up to age 12, and carers as defined under the Directive, with the right to request flexible working arrangements for caring purposes.

The right to request flexible working arrangements will be limited to a period of work qualification of 6 months.
An employee will be required to submit a request for flexible working arrangements in writing at least 8 weeks prior to the proposed start date.
An employer will be required to consider and respond to a request for flexible working for care purposes no later than 4 weeks after receiving the request. Provision is made to extend this period where the employer is experiencing difficulties carrying out the necessary assessments.
An employer will be required to provide reasons for refusing or postponing a request for flexible working arrangements for caring purposes.
An employer will be required to consult with an employee prior to postponing a request.
An employee will be provided with an opportunity to revoke a request prior to the proposed start date and both parties once agreeable can amend or vary the arrangement at any time.
The Bill provides for circumstances where an employee becomes sick prior to the proposed start date.
The Bill also provides for circumstances where there is abuse of the flexible arrangement.

2. A new section 13A “Leave for medical care purposes” will be inserted into the Act, to provide for 5 days of Carers’ Leave (unpaid) per 12 consecutive months, per employee, as set out in the Directive.

In line with the Directive, there will be no notice period required to take Carers’ Leave.
Provision is made for an employer to request evidence of the medical need for the Leave.
The Leave cannot be taken in periods of less than one day.

The Bill also provides for amendments to various employment rights and protections directly associated with the amendments introduced by Articles 6 and 9 of the Directive.

Recommendations included in the Domestic Violence Leave Report:

• Recommendation 1:

The Government should support employers in developing Domestic Violence Employer Policies (DVEPs) by developing:

National templates, guidelines and policies to support the implementation of domestic violence leave.
Resources for employers regarding the treatment of employees affected by domestic violence informed by best practice in workplace policies.
Specialist training to assist employers in responding to employees who have been affected by domestic violence.

• Recommendation 2:

The Government should legislate for employees affected by domestic violence to avail of a statutory entitlement to 5 days’ leave in any period of 12 consecutive months to attend to ongoing matters arising due to domestic violence. The statutory leave will be a form of paid leave and will be distinct from other leave entitlements.

No notice period should apply for availing of domestic violence leave in emergency circumstances, but employees should be encouraged to provide notice where possible.
The leave should be available to be taken as a block of days or as individual days. Employers should retain the right to increase this leave or to offer additional flexibility.
The legislation should be reviewed within two years of its introduction to examine its effectiveness. As part of the review consideration may also be given to increasing the entitlement to 10 days’ leave in any period of 12 consecutive months.

• Recommendation 3:

Employees should qualify for domestic violence leave if they have been subject to an act of domestic violence and require leave to attend to ongoing matters arising due to domestic violence.

• Recommendation 4:

Employers should retain the right to request reasonable proof.

• Recommendation 5:

Employment protections will be provided for under any legislation and employees will have recourse to the Workplace Relations Commission.

• Recommendation 6:

The provision of the leave should be reviewed after 2 years to assess issues of uptake.

Domestic Violence Leave Report