Employment Law Changes, What to Expect in 2023 by Sarah Fagan
What to Expect in 2023
These rights are part of the Work Life Balance and Miscellaneous Provisions Bill (2022), anticipated to be enacted this year. These measures by the government aim to bring Ireland into compliance with the EU Work Life Balance Directive, 2019.
Under the integrated Bill, remote working will be defined as one type of flexible working and the right to request any other type of flexible working will be limited to parents and carers. The primary difference between the previous Right to Request Remote Working Bill are in the grounds of refusal and the redress that will be available. Under the integrated bill, an employer will have an obligation to consider both the needs of the organisation and the employee when contemplating any request as well as having regard to the Code of Practice. Where an employer has not complied with the Code of Practice or other requirements of the Bill a complaint can be made to the WRC, which is seen as an enhanced right.
- A right for parents and carers to request flexible working arrangements for caring purposes.
- The introduction of five days unpaid leave per year relating to medical care and domestic violence for certain categories of people.
- The extension of the current entitlement to breastfeeding breaks under the Maternity Protection Act from six months to two years.
The request may be made by a parent of a child up to the age of 12 (or 16 if the child has a disability or long-term illness) and by employees providing ‘care or support for a serious medical reason”. Employers may request evidence of the medical issue and the nature of the relationship.
The Bill sets out the responsibilities of both employer and employee in relation to this request. Firstly, employees must have at least six months’ service before they are entitled to request flexible work and notice of eight weeks is required, with the employer having to respond to the request within four weeks.
It is worth noting that a postponement can only be made once unless the reason relates to seasonal variation in the volume of the work concerned, in which case, the arrangement cannot be postponed more than twice.
When the agreed period of flexible working ends, the employee shall be entitled to return to the working arrangements held immediately before it started.
Changes in working patterns and operational processes must be viewed as part of the overall employer’s effort to retain staff and recruit top talent. Adare Human Resource Management’s most recent HR Barometer Report found that Retention, Recruitment and Talent Acquisition are the top two priorities for employers this year and with 63% of employers planning to increase headcount in 2023 it will be important that businesses develop a remote work strategy considering how new policies can be introduced to both support business objectives and assist employees with work-life balance.
Employees will be required to confirm to their employer in writing, as soon as reasonably practicable, that they intend to take or have taken this leave.
Employers may request evidence of the employee’s relationship with the person requiring care, the nature of the personal care or support required and a medical certificate to evidence the person’s serious medical issue.
This type of leave is subject to a maximum of 5 days in any 12-month period.
Domestic violence leave will be paid at a rate which may be prescribed by the Minister and will be subject to a maximum of 5 days in any 12 months period.
To qualify for SSP an employee must have worked for their employer for at least 13 weeks and provide a medical certificate confirming that they are unfit to work. The rate of sick pay is set at 70% of an employee’s wage, up to a maximum of €110 a day.
Many employers will already provide sick pay to their employees, in some cases an amount more than the statutory entitlement. Where this is the case, contracts and policies should be updated to provide that contractual sick pay is inclusive of SSP.
Employers who don’t already pay sick pay must ensure appropriate processes and systems are in place to administer payment during sick leave and to maintain records since 1 January 2023.
- Probationary periods are limited to six months; but this period can be increased if it can be justified by the employer or if the employee is absent due to illness or leave.
- Previously an employee had to be provided with five core terms within 5 days of commencing employment, this has now extended to include ten core terms (the additional items having previously been part of the written statement issued within two months). All other terms of employment required to be provided to employees must now be provided within one month of the employment commencement date (previously two months).
- Under the directive exclusivity clauses are prohibited and the right of employees to take up parallel employment is permitted, subject to certain exceptions.
- Predictable Work – employees with very unpredictable working schedules, and those carrying out ‘on-demand’ work now have the right to know in a reasonable period in advance when work will take place. There is anti-abuse legislation for zero-hour contract work and the directive also provides the right for employees to request to be transferred to a form of employment with more predictable and secure working conditions where available and to receive a reasoned written reply.
- Where mandatory training is required for an employee to carry out their job, then this must be provided at no cost to the employee and the training provided during working hours.
With so many additional obligations set out this year employers need to ensure they are actively reviewing their requirements for compliance and updating relevant policies, procedures and contracts of employment in order to avoid any negative implications.
