WHAT TO KEEP AN EYE OUT FOR…
The Parental Leave (Amendment) Act 2019
The Parental Leave (Amendment) Act 2019 was passed on the 22nd May 2019.
Currently an eligible Employee will be entitled to avail of up to 18 working weeks’ unpaid parental leave in respect of a relevant child. The leave must be taken before the relevant child is 8 years of age, or 16 years of age in the case of children with disabilities or a long-term illness.
The Parental Leave (Amendment) Act 2019 increases both the duration and the applicability of the leave. The duration of the leave will increase from 18 week to 22 weeks in September 2019 and then increase again in September 2020 to 26 weeks. The age of the child will increase from 8 years of age to 12 years of age.
Employees who have not exhausted their entitlement to parental leave in respect of a child when that child reached 8 years of age, now have until the child’s twelfth birthday to draw down the leave.
Employees who have already exhausted their 18-week entitlement in respect of a particular child will now have until that child’s twelfth birthday to avail of the extra weeks of parental leave introduced under the Amended Act.
It is worth noting that there is still a lack of instruction on how some of the new entitlements will be interpreted and applied. One example relates to the postponement of requests for specified leave periods.
Currently an eligible Employee will be entitled to avail of up to 18 working weeks’ unpaid parental leave in respect of a relevant child. The leave must be taken before the relevant child is 8 years of age, or 16 years of age in the case of children with disabilities or a long-term illness.
The Parental Leave (Amendment) Act 2019 increases both the duration and the applicability of the leave. The duration of the leave will increase from 18 week to 22 weeks in September 2019 and then increase again in September 2020 to 26 weeks. The age of the child will increase from 8 years of age to 12 years of age.
Employees who have not exhausted their entitlement to parental leave in respect of a child when that child reached 8 years of age, now have until the child’s twelfth birthday to draw down the leave.
Employees who have already exhausted their 18-week entitlement in respect of a particular child will now have until that child’s twelfth birthday to avail of the extra weeks of parental leave introduced under the Amended Act.
It is worth noting that there is still a lack of instruction on how some of the new entitlements will be interpreted and applied. One example relates to the postponement of requests for specified leave periods.
Gender balance in Boardrooms to be targeted by law
A group convened by the Government to examine the reasons for the low proportion of women on boards will launch its first report in the coming weeks, Minister of State David Stanton has indicated.
Mr Stanton, who is leading the introduction of gender pay gap reporting legislation at the Department of Justice and Equality, told the Dáil that it would explore measures and targets to improve gender balance in the boardroom.
The group will also investigate the gender imbalance in favour of men across senior management levels in Irish companies “in due course”.
The Better Balance for Better Business group, led by former ESB Deputy Chief Executive Bríd Horan and Greencore Chairman Gary Kennedy, was established last summer at a time when only 18 per cent of directors at top Irish publicly quoted companies were women. It is expected to set out “progressive targets” until 2023.
Mr Stanton was speaking as the Gender Pay Gap Information Bill reached its second stage in the Dáil last week.
A return to the Government’s lobbying register shows that business group Chambers Ireland wrote to Mr Stanton as well as Minister for Justice Charlie Flanagan in the early part of 2019 to convey its desire for “a more business-friendly approach” to the legislation.
The Government currently intends that the legislation will apply to companies and public service organisations with 250 or more employees in its first two years. It will then apply to those with 150 or more employees in the following year and to those with 50 or more employees the year after that.
Mr Stanton said this gave smaller companies and administrators “an adequate lead-in time” and “an opportunity to learn”.
However, Chambers Ireland has called on the Government to “focus on larger companies” and rethink its application to businesses with 50 or more employees, arguing this would be “counterproductive” and create too much of an administrative burden
Mr Stanton, who is leading the introduction of gender pay gap reporting legislation at the Department of Justice and Equality, told the Dáil that it would explore measures and targets to improve gender balance in the boardroom.
The group will also investigate the gender imbalance in favour of men across senior management levels in Irish companies “in due course”.
The Better Balance for Better Business group, led by former ESB Deputy Chief Executive Bríd Horan and Greencore Chairman Gary Kennedy, was established last summer at a time when only 18 per cent of directors at top Irish publicly quoted companies were women. It is expected to set out “progressive targets” until 2023.
Mr Stanton was speaking as the Gender Pay Gap Information Bill reached its second stage in the Dáil last week.
A return to the Government’s lobbying register shows that business group Chambers Ireland wrote to Mr Stanton as well as Minister for Justice Charlie Flanagan in the early part of 2019 to convey its desire for “a more business-friendly approach” to the legislation.
The Government currently intends that the legislation will apply to companies and public service organisations with 250 or more employees in its first two years. It will then apply to those with 150 or more employees in the following year and to those with 50 or more employees the year after that.
Mr Stanton said this gave smaller companies and administrators “an adequate lead-in time” and “an opportunity to learn”.
However, Chambers Ireland has called on the Government to “focus on larger companies” and rethink its application to businesses with 50 or more employees, arguing this would be “counterproductive” and create too much of an administrative burden
Government to make changes to work permit system ahead of Brexit
An aircraft leasing Organisation was ordered to pay an employee €15,000 in compensation after it was deemed that he was unfairly dismissed due to his disability, dyspraxia.
The decision followed a report by the Company’s Health and Safety Officer, which concluded that the Employee in question was “not suitable for a position within the ramp department” at the airport, and subsequently he was dismissed without formal explanation only a month into his employment.
The report also outlined “Dublin Airport can be a hazardous environment due to the large amount of aircraft traffic every day…As this Employee is suffering from dyspraxia, this may place him more at risk by working in an already hazardous environment. Spatial awareness is a vital key within this role and everybody within the airport always needs to be aware of what is happening around them,”
The WRC Adjudication Officer said the report carried out by the Company was “grounded on assumptions and generalisations about person with dyspraxia but it not grounded on actual facts about the Complainant’s specific condition”. The H&S Officer also advised the Adjudication Officer at the hearing that his research on the disorder involved doing a “Google search”.
The Adjudication Officer further went on to note that in her opinion she thought it was quite astonishing that the H&S Officer compiled a report on the Complainant without ever having met him, or obtaining expert independent medical advise on the specifics of the Complainant’s condition.
It was found that the Company had failed to provide the Employee with reasonable accommodation related to his disability and that he was discriminatorily dismissed on the grounds of his disability.
The decision followed a report by the Company’s Health and Safety Officer, which concluded that the Employee in question was “not suitable for a position within the ramp department” at the airport, and subsequently he was dismissed without formal explanation only a month into his employment.
The report also outlined “Dublin Airport can be a hazardous environment due to the large amount of aircraft traffic every day…As this Employee is suffering from dyspraxia, this may place him more at risk by working in an already hazardous environment. Spatial awareness is a vital key within this role and everybody within the airport always needs to be aware of what is happening around them,”
The WRC Adjudication Officer said the report carried out by the Company was “grounded on assumptions and generalisations about person with dyspraxia but it not grounded on actual facts about the Complainant’s specific condition”. The H&S Officer also advised the Adjudication Officer at the hearing that his research on the disorder involved doing a “Google search”.
The Adjudication Officer further went on to note that in her opinion she thought it was quite astonishing that the H&S Officer compiled a report on the Complainant without ever having met him, or obtaining expert independent medical advise on the specifics of the Complainant’s condition.
It was found that the Company had failed to provide the Employee with reasonable accommodation related to his disability and that he was discriminatorily dismissed on the grounds of his disability.
Diageo to introduce 26 weeks paid paternity leave for Irish dads
Guinness owner Diageo is to introduce 26 weeks paid paternity leave in Ireland.
From 1 July, 26 weeks fully paid paternity leave will be offered to all Diageo employees in Ireland, regardless of gender, sexual orientation, or how people become parents – via birth, adoption or surrogacy, the Company said.
The news follows the announcement last month that all parents employed by Diageo in the UK are now eligible for the same fully-paid 26 weeks.
Oliver Loomes, Diageo Ireland Country Director said: “Our business has always had strong record of being one of the best employers in Ireland.”
“Today’s announcement is a significant step for us and shows our commitment to leading the way with progressive employment policies by supporting gender equality in the workplace.”
Globally, the Company is setting a minimum standard of four weeks paternity leave on full rate of pay in all markets, with a “significant” number of Diageo’s businesses moving to 26 weeks fully paid paternity leave including North America, Thailand, Philippines, Singapore, Spain, Netherlands, Italy, Russia, Colombia, Venezuela, and Australia amongst others.
From 1 July, 26 weeks fully paid paternity leave will be offered to all Diageo employees in Ireland, regardless of gender, sexual orientation, or how people become parents – via birth, adoption or surrogacy, the Company said.
The news follows the announcement last month that all parents employed by Diageo in the UK are now eligible for the same fully-paid 26 weeks.
Oliver Loomes, Diageo Ireland Country Director said: “Our business has always had strong record of being one of the best employers in Ireland.”
“Today’s announcement is a significant step for us and shows our commitment to leading the way with progressive employment policies by supporting gender equality in the workplace.”
Globally, the Company is setting a minimum standard of four weeks paternity leave on full rate of pay in all markets, with a “significant” number of Diageo’s businesses moving to 26 weeks fully paid paternity leave including North America, Thailand, Philippines, Singapore, Spain, Netherlands, Italy, Russia, Colombia, Venezuela, and Australia amongst others.
