Work Life Balance law: commencement dates announced

In our publication, Work Life Balance: New law is wide-ranging, we took a look at the eagerly anticipated Work Life Balance and Miscellaneous Provisions Act 2023 (the Act) and what this new law means for your business. The Act requires commencement orders before becoming effective. On 26 June 2023, Minister O'Gorman announced the commencement date for the provisions relating to medical care leave and time off for breastfeeding will be Monday 3 July 2023.

The Minister’s announcement indicates that it is planned to commence the provisions relating to domestic violence leave in the autumn.

The rights to request remote and flexible working require a WRC Code of Practice which will provide guidance for employers on how best to consider and properly manage remote and flexible working requests. The announcement does not provide any information on when this Code of Practice is expected, but the Department of Enterprise Trade and Employment has indicated it will be published “as soon as practicable”. 

Leave for Medical Care Purposes

All employees will have an entitlement to five days of unpaid leave per year where, for serious medical reasons, the employee needs to provide personal care or support to a family member, or person they live with, and who is in need of significant care or support for a serious medical reason. The leave may not be taken in periods of less than one day and employees must, as soon as is reasonably practicable 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. There is no minimum service requirement for this new leave.

Extension of Breastfeeding Breaks

The period in which new mothers are entitled to paid time off work to breastfeed is significantly extended from six months to two years.

Next Steps

Employers should take steps now to ensure they are ready to comply with the requirements of the legislation in respect of medical care leave and time off for breastfeeding and ensure their workplace policies are up to date to reflect these new entitlements, prior to 3 July 2023.

In addition, employers should also consider their approach to the provisions relating to domestic violence leave and rights to request remote and flexible working, which are due to commence later this year.

For further information in relation to this topic please contact Triona Sugrue, Knowledge Consultant, Sarah Linehan, Solicitor, or any member of the ALG Employment team.

Date published: 27 June 2023