The EU Work-Life Balance Directive Ireland
The Irish government has published details of the Work-Life Balance and Miscellaneous Provisions Bill 2022. It will introduce a right to request flexible working for employees with children up to the age of 12 and those with caring responsibilities. It will also introduce a right for employees to take up to five days’ unpaid leave per year to provide medical care for family members or those in their households.
The proposed bill is necessary to implement the EU Work-life Balance Directive, which is due to be transposed by August 2022.
Key Changes
The right to request flexible working
- Employees who have a child up to the age of 12 and employees who are caring for a relative or someone they live with all have the right to request flexible working arrangements for caring purposes for a particular period.
- Employees will be required to make such requests in writing no longer than six weeks before they intend to commence the period of flexible working. The request must specify the nature of the changes requested, the date of commencement and the duration of the set period.
- If the request is granted, the employer and employee must sign an agreement outlining the changes to working arrangements, patterns or hours and stating the date of commencement and duration of the set period.
- At the end of the flexible working arrangement, the employee is entitled to return to the original working arrangements, hours, or patterns.
Leave for medical care purposes
- Any employee will be allowed to take up to five days unpaid leave per year, where for “serious medical reasons” the employee needs to provide personal care or support to a family member or the person who lives in the same household as the employee. The leave may not be taken in periods of less than one day.
- Employees must confirm to their employer in writing that they have taken or intend to take this leave, the date of commencement, duration and a statement of the facts entitling the employee to the leave.
- Employers will be able to request evidence from the employee of their relationship with the person being cared for, the nature of that care and medical certification of the serious medical issue in respect of the person requiring the care.
It is intended that the legislation will be passed and enacted by the August 2022 deadline.
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