The Work-life Balance Act – medical care leave and breastfeeding breaks provisions now in force

At a glance

• The Work Life Balance Act 2023 was signed into law on 4 April 2023.
• As previously noted, the Act introduces a number of key entitlements for employees (set out below).

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Key entitlements under the Act 

• Five days unpaid leave for medical care purposes to care for their children under 12, spouses or civil partners, cohabitants, a parent, grandparent or siblings;
• Five days paid leave if they, or a relevant connected person (spouse, civil partner, cohabitant, child, dependant person) have experienced, or are currently experiencing domestic violence;
• The right to request flexible working (i.e. an adjustment of working hours and patterns) for parents and carers;
• The right to request remote working for all employees who have at least six months of continuous service; and
• The entitlement to breastfeeding breaks has been extended from six months to two years for employees.

The provisions which introduce leave for medical care purposes and extend the entitlement to breastfeeding breaks commenced yesterday, 3 July 2023. From the 3 July, the scope of the Maternity Protection Act 1994 will also change, to provide access to maternity leave to transgender men who have given birth. The remaining provisions are expected to commence soon, with leave for domestic violence expected this Autumn. The Workplace Relations Commission has recently closed its consultation on the Right to Request Remote Working and will now prepare a Code of Practice for Employers.

What must employers do?

Now that some provisions of the Act have commenced, employers should review and update their existing family and carers’ leave policies to ensure compliance with the new legislation. We will provide further updates as the rest of the provisions of the Work Life Balance Act 2023 come into force.

If you require further guidance or assistance in updating your employment policies, please contact a member of DLA Piper Ireland's Employment team.