I move amendment No. 18: In page 12, between lines 10 and 11, to insert the following: “(7A) The Minister shall, within 6 months of the passing of this Act, lay a report before both Houses of the Oireachtas outlining the potential for the rate of domestic violence leave pay to match the normal pay of an individual availing of this leave in order to protect the individual where they are experiencing coercive control or financial control.”

I move amendment No. 19: In page 12, line 13, to delete " in loco parentis " and substitute “providing parental care”.

Amendment No. 19 refers to the definition of " in loco parentis ", previously discussed in amendment No. 1. This amendment seeks to remove the phrase " in loco parentis " and replace it with "providing parental care" in the definition of dependent person in proposed section 13AA relating to domestic violence leave. The reason we have sought this amendment is to ensure that the provisions relating to domestic violence leave would apply to foster parents who may need access to the support provided here, particularly …

I move amendment No. 20: In page 13, line 24, to delete “shall” and substitute “may”.

Amendment No. 20 seeks to amend section 13B(3) by deleting the provision that a flexible working agreement "shall end" and substituting that it "may end" when the conditions under subsection (3) are met. There is something of an assumption that employers automatically want flexible work agreements to end and that they are seen as obstructive. However, it may be the case that both an employee and employer may want such arrangements to continue and that such arrangements might be of mutual benefit. Amendment No. 21 s…

I move amendment No. 21: In page 13, line 24, after “shall” to insert “, subject to the approval of the employer and the employee,”.

I move amendment No. 22: In page 13, line 35, to delete “16 years” and substitute “17 years”

Amendments Nos. 22 and 23 are alternatives to previously submitted amendments on Committee Stage which sought to change the age when a flexible work arrangement due to disability of a child would end from 18 years to 16 years. This comes back to the issue of complexity of family life. In some places this legislation restricts employers and employees from being able to make mutually beneficial decisions with regard working arrangements. On Committee Stage, the Minister cited the directive requirements of amendment N…

I move amendment No. 23: In page 13, line 35, to delete “16 years” and substitute “21 years”.

I move amendment No. 24: In page 14, to delete lines 2 to 4 and substitute the following: “(4) Subject to the approval of the employer and employee, an employee’s approved flexible working arrangement shall not commence before a time when the employee concerned has completed 6 months continuous employment with the employer concerned.”.

Amendment No. 24 seeks to delete section 13B(4), which provides that an employee’s approved flexible working arrangement "shall not commence before a time when the employee concerned has completed 6 months continuous employment with the employer concerned" and replace it with the provision that such a restriction would be subject to the approval of the employer and the employee. This is a regressive provision which seems to be out of step with the reality that many employers may wish to offer flexible work arrangem…

Yes.

I move amendment No. 25: In page 14, between lines 4 and 5, to insert the following: “(4A) Subsection (4) shall not apply where an employer and employee agree to commence an employee’s approved flexible working arrangement prior to the completion of 6 months continuous employment with the employer concerned.”.

I move amendment No. 28: In page 15, line 14, after “needs” to insert “, relevant to the functioning of his or her business,”.

Amendment No. 28 seeks to clarify in section 13C(1) that where an employer is considering a request for a flexible working agreement that he or she should have regard to his or her needs only in so far as they are relevant to the functioning of his or her business. This may seem obvious but we know that penalisation happens in workplaces and the legislation needs to be crystal clear that, when it comes to approval of flexible work, the consideration of such a request must factor in relevant concerns. Amendment No. …

Yes.

I move amendment No. 29: In page 15, line 30, after “may” to insert “, where that employer has provided notice in writing of their rationale,”.

I move amendment No. 30: In page 16, to delete line 42.

Amendment No. 30 seeks to delete subsection 13E(1)(a) which refers to "seasonal variations" and provides that the termination shall only be valid for the period in which such seasonal variations occur and upon the conclusion of that period, the flexible working agreement shall resume. This amendment is to ensure consistency with amendment No. 31 which seeks to ensure that seasonal variations in work or business do not prevent flexible work arrangements from being agreed or that seasonal variations are not used as a…

I move amendment No. 31: In page 17, between lines 18 and 19, to insert the following: “(1A) An employer may also terminate an agreement under subsection (1) where the employer is satisfied that the flexible working arrangement would have, or is having, a substantial adverse effect on the operation of his or her business, profession or occupation, by reason of seasonal variations in the volume of the work concerned, however the termination shall only be valid for the period in which such seasonal variations occur a…