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Work Life Balance Review 2006

A. Introduction
1. This review into Work Life Balance (WLB) initiatives is being carried out in
response to the commitment in the Social Partnership Agreement Sustaining
Progress, to consider widening access to family friendly initiatives (section
22.26, Modernisation of the Civil Service). This report explores the benefits and
burdens of family friendly policies and, in particular, WLB schemes from staff,
management and organisational perspectives. The main issues examined are a)
the implementation and effectiveness of the schemes, b) the uptake of the
schemes, and c) gender and grade factors. It is intended that this Report will be
circulated to Personnel Officers and the Staff Panel at General Council, and that
it will also be made available on the website of the Department of Finance to all
other interested parties.

2. Flexible work placements have become central in the recruitment and retention
of talented staff, increasing equality of opportunity in the workplace and
optimising employer/employee resource management. As the Minister for
Enterprise, Trade and Employment, Mr. Michel Martin, T.D. stated at the June
2005 National framework Committee for Work Life Balance seminar: Worklife balance is not just about limiting the number of hours spent at work. It is
also about giving people a degree of autonomy as to how their working time is
managed. Where agreed flexible working arrangements are in place, a win-win
situation can exist for employers and employees with tangible benefits for all.

3. There are many incentives for the usage of WLB policies - according to a 2002
National Development Plan Study, the level of family friendliness of the
workplace (as measured in terms of number of family friendly policies
available) was significantly correlated with the work satisfaction of fathers and
mothers. The benefits of such policies included employee satisfaction,
attracting/retaining employee productivity, reduced labour turnover, reduced
absenteeism and improved business results.
4. This report explores the present WLB options and seeks to determine what
modifications are needed to ensure that WLB programmes are run to the highest
degree of efficiency and effectiveness for both the public and for public service
providers.

B. What is Work Life Balance?


5. WLB policies help workers to combine employment with their family life,
caring responsibilities and personal and social life outside the work place. They
include statutory entitlements such as maternity and adoptive leave, force
majeure, parental and carers leave, as well as non-statutory measures such as
flexible working arrangements, employee assistance schemes and childcare.
6. In the 1980s the Civil Service was amongst the first organisations in Ireland to
introduce family friendly work life policies such as flexitime, jobsharing and
career breaks. Term time leave was introduced as a pilot scheme in 1998. This
year also saw a statutory entitlement to Parental Leave established. June 2001
marked the Service-wide introduction of term time as well as the
commencement of worksharing schemes. Advancements in technology led to
the introduction of e-working into the Civil Service in 2001, which has now
been introduced on a pilot basis in a number of Departments and Offices.

7. The Government and the Social Partners, as part of the 1999 Programme for
Prosperity and Fairness, agreed that a National Framework Committee for
family friendly policies should be established. The objectives of the Committee
were to promote, implement and assess family friendly policies. This would help
to:

Create and develop a national code of practice and guidelines

Identify any potential barriers and impediments to the provision of WLB


provisions

Identify best practice guidelines and provide training

8. The recent Social Partnership Agreement offers further support to WLB policies
by stating that priority will be given to "putting in place enhanced policies to
support families in a changing society and in particular to ensure that policies
are designed to promote family formation and family life".

C. Statutory Entitlements
9. Ireland has a significant corpus of legislation which provides statutory
entitlements to all staff regardless of position, grade or Department.
The Employment Equality Acts 1998-2004 deal with employment equality in
Ireland. The Employment Equality Act (1998) offers protection against
workplace discrimination in relation to recruitment, training, dismissals and the
workplace environment. Discrimination in employment on any one of the
following nine grounds is illegal:
1) Gender
2) Marital Status
3) Family Status
4) Sexual Orientation
5) Religion
6) Age
7) Disability
8) Race
9) Membership of the Travelling Community

10. The Equality Authority was established in 1999 as an independent body under
the Employment Equality Act of 1998. The Authority works towards the
elimination of discrimination in employment, vocational training, advertising,
collective agreements, the provision of goods and services, and other
opportunities to which the public generally have access. Prior to 2000,
discrimination legislation was concerned primarily with workplace
discrimination. The Equal Status Act, 2000 moves the concept of the illegality
of discrimination beyond the workplace and into the public arena where people
shop, buy services, obtain accommodation, and attend educational
establishments. The 2000 Act was amended by the Equal Status Act 2004.
Jointly these acts are known as the Equal Status Acts 2000-2004. These Acts
promote equality and prohibit certain kinds of discrimination, sexual harassment
and harassment on any one of the nine discriminatory grounds.

11. European Law has also made provisions to combat employment inequality.
Article 13 of the Amsterdam Treaty, in recognising the importance of combating
discrimination, grants the EU power to 'take appropriate action to combat

discrimination based on sex, racial or ethnic origin, religion or belief, disability,


age or sexual orientation.
12. There is also a body of National Employment Law that protects employees
rights and entitlements. These include:
The Organisation of Working Time Act, 1997
The Organisation of Working Time Act 1997 sets out statutory rights
for employees in respect of rest, maximum working time and holidays.
Carers Leave Act, 2001
Carers Leave facilitated by the Carers Leave Act, 2001 is temporary
unpaid leave to allow a person to provide full-time care and attention
for someone who is in need of such care. A maximum of 104 weeks
Carers leave is allowed in respect of any one care recipient; the
minimum statutory entitlement is 13 weeks. A person may also have
an entitlement to Carers Benefit. Since the introduction of Carers
Leave in 2001, 3641 applicants have benefited from this scheme.
Maternity Protection (Amendment) Act, 2004
Arising from the recommendations of the Programme for Prosperity
and Fairness Working Group on the Review and Improvement of
Maternity Protection Legislation a number of improvements were
made in relation to Maternity Protection for women at work. The
Maternity Protection (Amendment) Act 2004 implemented the
outstanding agreed recommendations of the Maternity Protection
Review Group to allow expectant mothers to attend a complete set of
antenatal classes, an adjustment of working hours or breaks for breast
feeding mothers, termination of additional maternity leave in the event
of illness subject to the agreement of the employer, splitting the period
of maternity leave in the event of the hospitalisation of the child with
the agreement of the employer and absence from work on additional
maternity leave to count for employment rights (except remuneration
and superannuation benefits) such as seniority and annual leave.
Officers, who commence maternity, leave on or after March, 2006 are
entitled to 22 weeks maternity leave and 12 weeks unpaid maternity
leave. Officers who commence maternity leave on or after 1 March,
2007 will be entitled to 26 weeks paid maternity leave and 16 weeks
unpaid maternity leave.
(Circulars 35/95, 9/2001 and 31/2006)
Adoptive Leave Act, 2005
Women who adopt and men who are sole male adopters are entitled to
20 weeks paid leave rising to 24 weeks commencing on the 1st March

2007 and up to 12 weeks unpaid leave rising to 16 weeks commencing


on or after 1st March 2006. The leave commences on the day of
placement of the child with the adopting parent. Additional adoptive
leave may be taken for up to 12 consecutive weeks immediately
following paid adoptive leave rising to 16 weeks commencing on or
after the 1st of March 2007.
(Circulars 2/97, 9/2001 and 30/2006)
Parental Leave Act, 1998 and Parental Leave (Amendment) Act,
2006
The natural or adoptive parent of a child is entitled to 14 weeks unpaid
parental leave. The Parental Leave Act, 1998, as amended by the
Parental Leave (Amendment) Act, 2006, allows parents in Ireland to
take parental leave from employment in respect of children up to eight
years of age. The upper age limit can be extended in circumstances
where an adopted child is involved. In the case of a child with a
disability, leave may be taken up to 16 years of age. In addition an
extension may also be allowed where illness or other incapacity
prevented the employee taking the leave within the normal period. A
person acting in loco parentis with respect to an eligible child is also
eligible. The above information is outlined in Amendments to Parental
Leave Legislation, a letter to Personnel Officers dated 01/06/06.
(Circulars 22/98, 22/2000 and 39/2002)
Force Majeure Leave
The Parental Leave Act, 1998 and Parental Leave (Amendment) Act,
2006 give employees a limited right to leave from work in time of
crisis. An employee is entitled to leave owing to the injury or illness
of a close family member of their own or of a person with whom they
are in a relationship of domestic dependency1. Force majeure leave is
limited to circumstances where the immediate presence of the
employee is essential because of the illness or injury of another person
as outlined above. Close family member includes partner of the
employee; a child of the employee or the employee partner; parent or
grandparent of the employee of the employees partner; brother or sister
of the employee or the employees partner and any other person to
whom the employee or employees partner has a duty of care. The
maximum amount of leave is 3 days within any 12 month period or 5
days in a 36 month period. Employees are entitled to be paid while
they are on force majeure leave. Force majeure leave does not give
any entitlement to leave following the death of a close family member
such an entitlement comes under the heading of bereavement leave
which is dealt with in the next section.
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A person who resides with an employee is taken to be in a relationship of domestic dependency with
the employee, in the event of injury or illness, one reasonably relies on the other to make arrangements
for the provision of care, and the sexual orientation of the persons concerned is immaterial.

D. Non-Statutory Policies and Schemes


13. The detailed implementation of all WLB schemes is a matter for local
management in agreement with the Human Resources Section /Personnel
Officer. The actual implementation of WLB schemes varies between and within
Government Departments/Offices, depending on the particular operational
needs. While every effort is made to facilitate staff who wish to avail of
worksharing arrangements, managers must be satisfied that the granting of such
arrangements in any particular case will not adversely affect the operational
requirements of the Department/Office or the quality of the service being
provided. Family friendly arrangements require flexibility from management in
the organisation of work and from staff in meeting the business objectives of
Departments/Offices. Even where such flexibility is present, it may be
particularly difficult to accommodate applicants in offices where there are small
numbers of staff with consequential reduced flexibility to tailor tasks and
workloads.
There are a number of non-statutory initiatives which are in place in the Civil
Service which aim to assist employees WLB. These are outlined below:
Flexitime
14. Flexitime gives staff flexibility to vary their starting and finishing times.
Typically staff must be in work during the core times of 10am - 12.30pm and
2.30pm to 4pm. Depending on the Department; a person may start work
between 8.00am and 10am and finish between 4pm and 7pm. Staff may build up
hours during a four week flexi period which can be taken as leave in a later
period. The operation of flexitime and the arrangements for its application are a
matter for each Department/Office.

Worksharing
15. Worksharing allows staff to avail of an attendance pattern other than full-time.
Examples of such attendance patterns include: mornings only, afternoons only,
three days per week, four days per week, 9am to 3pm each day, week on/week
off and three weeks out of four. Worksharing staff are paid on a pro rata basis,
so that for example, a member of staff who opts to work three days per week
will be paid 60% of the salary of a full-time member of staff. (Circular 31/2001)
It is not a specific requirement under the scheme to have a worksharing partner,
with complementing attendance or otherwise. However, it is acknowledged that
the operating needs of a Department / Office may, in many cases, make the
availability of a suitable partner, or other person(s) with a complementing
attendance, a prerequisite to granting a work sharing request.

Term Time
16. Term time allows people to take 8, 10 or 13 weeks unpaid leave from June until
the end of August to match their working arrangements to their children's
summer holidays. To be eligible, a member of staff must have a child or
children up to 18 years of age or be acting in loco parentis or be the primary
carer for a person with a disability who needs care on a continuing or frequent
basis. (Circular 7/2002)

Career Breaks
17. A career break is a period of unpaid leave from work of between six months and
five years. In the Civil Service staff may take two career breaks during their
career. A career break may be allowed for domestic reasons, including child
care, education or travel abroad. A person on a career break may not take up
paid employment in Ireland. A career break of up to three years is available for
purposes of self-employment. (Circular 18/98)

Other Special Leave Schemes


18.
Marriage Leave
Staff are allowed up to 5 days paid leave at the time of marriage
subject to an overall total of 26 days between annual leave and
marriage leave in a full year.
Bereavement Leave
Staff are allowed 3 or 5 days paid leave on the death of an immediate
relative (for definition of immediate relative, see section on Force
Majeure leave above).
Paternity Leave
A father is entitled to three days special leave with pay on the birth or
adoption of his child. The leave may be taken up to four weeks after
the birth of a child. In the case of adoption, the leave may be taken
within four weeks of the date of placement. (Circular 32/99)
Special leave for Domestic Circumstances
Unpaid leave to deal with domestic difficulties is also available. This
includes special leave without pay to care for an ill spouse or children
(up to 6 months); special leave without pay to travel abroad to visit an
ill relative (up to 2 months); and special leave without pay to deal with
other
urgent
domestic
problems
(up
to
2
months).
(Circular 22/98 Annex 1)

Teleworking/e-working
19. In a teleworking arrangement the employee works from a home office for some
or all of the week. He or she maintains a presence in the office electronically via
computer, telephone, fax and e-mail. Many Departments and Offices are
implementing pilot e-working arrangements.

Civil Service Childcare Initiative


20. In Budget 2001, 12.7 million was allocated to provide crches for children of
civil servants. An interim board has been established to manage this initiative.
At present there are two crches in Dublin, in Mount Street and Marlborough
Street. Outside Dublin crches have been opened in Ennis, Athlone, Sligo,
Backweston and Celbridge. The Department of Finance and the Office of Public
Works are working on a number of proposals for further Civil Service crches.

Review of Operation of Statutory and NonStatutory Measures.


21. The information which is outlined in the chapter below relates to information on
the operation of WLB schemes which was gathered by the Department of
Finance, Equality Unit, via a questionnaire in May 2004. There were 29 replies
from Government Departments/Offices. The information which was collected
has been assembled under 12 general headings:
1).

Formal Review of Overall Operation of Schemes

2).

Individual Review of Schemes

3).

Management of Arrangements in Place for Schemes

4).

Grade Restrictions

5).

Limitations on Schemes

6).

Replacement of Staff on Schemes

7).

Extending Access to Schemes

8).

Policies/Mechanisms for Dealing with Requests for Schemes

9).

Problems Identified

10).

Partnership Committee

11).

Positive Benefits Identified by Departments/Offices

12).

Changes Advocated by Departments/Offices

1. Formal Review of Overall Operation of the Schemes


22. Of the 29 respondents, 19 had not undertaken a formal review of WLB policies,
two had taken some measure of review and eight had taken formal reviews of
the work life balance. In those Departments/Offices where reviews were carried
out, the outcome appears to have been positive as additional worksharing
options were introduced in some departments following the review. In the
Courts Service annual reviews of both worksharing and term time are
conducted to provide an overall picture of the potential impact for the
organisation. Other Departments/Offices carried out Business Impact Reviews
and Human Resource Reviews in order to assess the effect of WLB schemes.
The most comprehensive review reported was that of the Public Appointments
Service (PAS), which surveyed all staff in 2003 regarding WLB schemes, and
subsequently held interviews and focus groups to gain information and feed
back. The information received was then analysed in light of a literature review
and recommendations were made to improve the future provision of services.
Information was not provided on these recommendations.

2. Individual Review of WLB Schemes


23. No formal reviews of individual working arrangements took place in many
Departments/Offices. In eight Departmental/Office divisions, reviews were
undertaken only when required, for example if an officer wanted to change a
work pattern. Other Departments/Offices were more proactive with regard to
individual review. A number of the smaller offices actively review work
patterns at the end of the year to see if there have been any adverse effects on
business during the previous 12 months in the context of managing business
needs and staff aspirations. In practice, however, annual review of individual
working does not seem to be the norm.
3. Management of Arrangements in Place for Schemes
24. Of the respondent Departments/Offices, 20 specified that they did not provide
any WLB training to either staff or managers. The remaining Departments
/Offices offer differing degrees of training to staff and managers. A Work
Options Unit has been developed in the personnel section of the Department of
Enterprise, Trade and Employment, which has responsibility for promoting and
administering the operation of WLB initiatives across that Department. Other
Departments/Offices rely on presentations relating to applications, pay,
implications for service and replacements, and leaflets and handbooks providing
information for staff about WLB. There has been some training given to
managers in certain Departments/Offices but this appears to be very limited.
Information days and induction training are the most popular way to advertise
WLB schemes to staff members but there does not seem to be much support
given to local/line managers to assist them in the management of WLB
arrangements.
4. Grade Restrictions
25. Many Departments/Offices have no grade restrictions in place. Other
Departments/Offices place limitations on grades accessing WLB arrangements
due to the operational needs of their section /unit and/or the limited scope for
cover for staff availing of schemes. Service staff may often be excluded from
schemes such as flexi-time for operational reasons. Where there are small
numbers in a location it may affect access to schemes.

26. In the Department of Foreign Affairs, staff serving in foreign embassies are not
eligible to apply for WLB arrangements as there is no scope to provide for
cover. The Legal Aid Board has highlighted the fact that due to the geographical
spread of its 30 offices across the country, and the variance in size of between 3
and 12 staff per office, it is not always possible to implement a fully operational
flexi-system.

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27. Many Departments/Offices have drawn attention to the fact that it can be
exceptionally hard to accommodate term time and worksharing for many
technical and professional grades. This is due to the limited numbers in these
grades and the lack of availability of suitable replacements.

28. A Department advised that specialised staff in the Information Technology area
are excluded from access to career breaks except for reasons of childcare. This
is to retain staff with specialised skills and expertise, often built up as a result of
expensive training and development programmes.

5. Limitations on Schemes
29. Smaller offices, as a whole, may find it harder to accommodate WLB initiatives.
Some Departments/Offices have less than 20 staff and this has a major effect on
the WLB schemes which can be effectively managed, in particular worksharing
schemes, which may be restricted or ruled out completely. Offices such as the
Legal Aid Board and Department of Communications, Marine and Natural
Resources have a large number of offices spread throughout the country. The
staffing levels of these offices can vary hugely. Therefore the opportunity for
many WLB schemes can be greatly reduced.
30. Some Departments/Offices claimed that saturation point in relation to work
sharing had been reached and that in future a cap may have to be placed upon
those who wish to avail of such schemes. This has been supported by assertions
that the number of WLB schemes is constantly increasing and that, coupled with
demands for expansion of existing schemes, a point will be reached in the near
future when there will no longer be capacity for extending or introducing new
WLB schemes.

31. A further issue was raised in relation to the influence of technology on the
availability of WLB: a small number of Departments/Offices have experienced
difficulties in the implementation of these schemes because the higher level of
staff numbers, coupled with the increased administrative burden, has had a
negative impact on the availability and efficacy of both server and software
capacity.
6. Replacement of Staff on Schemes
32. Recruitment: One of the most prevalent reasons for the limitation of access to
WLB schemes is a lack of suitably qualified replacement staff, especially in
relation to Professional and Technical staff. Departments/Offices have
commented that the recruitment process for these grades can be laborious and
the administration burdensome. Non replacement of staff availing of WLB
arrangements and in particular the loss of experienced and specialised staff to
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atypical working arrangements is reported by some respondents as having had


the greatest negative impact on the day to day business of departments/offices.
33. Redeployment of staff: In many cases officers on maternity leave are not
replaced, as the cost of replacing a paid officer is too great a financial burden. In
relation to staff availing of WLB arrangements in many Departments/Offices,
cover is only provided if they are on extended periods of WLB-related leave,
such as term time or career breaks. Often, due to the lack of suitable
replacement staff, the burden of the work falls to a more junior officer (who may
be asked to work in an official acting-up capacity), or on the shoulders of other
staff within the unit, in addition to their general work load.

34. Acting Up: Many Departments/Offices either give acting up allowances to


staff performing duties at a higher level during the period of leave or recruit
temporary replacement staff at entry level positions for the duration of the leave
of the officer that they are covering for. An interesting example of this arises in
the Courts Service, where staff who are acting up build up credits towards
extra increments and extra leave should they subsequently be promoted to the
grade in which they are working in a temporary capacity. The majority of
offices deal with the accommodations required to facilitate WLB schemes at a
local level. Line managers often have responsibility for reorganising the
workload of division sections while staff are partaking of WLB leave. The
Department of Social and Family Affairs Business Impact Report found that the
majority of managers stated that operational efficiency is maintained by splitting
work sharing posts by both a task and attendance basis in response to local
business needs, e.g. the rota system which is used in the Office of the Director
of Public Prosecutions to ensure that there is sufficient cover during business
hours. While every effort is made to accommodate applications, the business
needs of the divisions are paramount. The managers must make a business case
for replacement of staff far ahead of the commencement of leave, thus ensuring
that the replacement official overlaps with the official taking leave.

7. Extending Access to Schemes


35. Decentralisation: A small number of Departments/Offices have expressed
concern over the impact that decentralisation may have on their offices. As
experienced staff may decide to leave, the training and recruitment of new staff
to replace these experienced officers may impede any extension of WLB
schemes. The vast majority of Departments/Offices which responded (including
the Department of Agriculture and Food, which has already decentralised over
80% of its staff) felt that there would not be any difficulty in continuing WLB
schemes in a decentralised service. However, it is noted that there were very few
actual plans outlined for the continuation of these schemes.

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36. Management of schemes: The variety and combination of WLB practices can
create a management challenge: one Department, for example, cited the instance
of one of their offices in which 75% of staff are worksharers.

37. Logistics: Also highlighted was the fact that if a number of people are working
different worksharing patterns, but are not working opposite each other, issues
may arise in relation to a lack of work space, furniture and computers.

8. Policies/Mechanisms for Dealing with Requests for Schemes


38. The majority of Departments/Offices did not have a formal policy in relation to
the dealing with requests from staff for WLB arrangements. Some Departments
/Offices deal with requests on an ad hoc basis while other Departments/Offices
have a more structured way of determining how to grant/refuse applications.
The majority of respondents to the survey stated that they would try, insofar as
possible, to accommodate the worksharing patterns of staff on promotion.
However, concessions from both staff and management would often be
necessary, including the possibility of the movement of staff to or from another
unit.
39. In some Departments/Offices, all applications are treated as a separate entity,
with others devolving responsibility to local offices where necessary. Managers
are advised to keep in mind the operational needs of the office when considering
conflicting requests. Managers can find the implementation of policies
challenging. They can have difficulty prioritising applications and may feel
pressured to approve applications for officers when similar applications have
been approved in the past.

40. Once again the Public Appointments Service described a comprehensive WLB
policy, which is agreed with the Partnership Committee. It outlines criteria to
decide on requests but emphasises the importance of the consideration of all
requests. In relation to their internal promotions, it is decided beforehand
whether a post is full time or not. If the advertised post is suitable for
worksharing, worksharers can apply and continue their worksharing pattern if
successful.

41. Departments/Offices stated that all requests are made in writing to the line
manager. Most Departments/Offices stated that written responses were always
given to requests. Where applications are refused, most respondents said that it
was done in writing with reasons given. One Department stated that this was
generally the case, but at times the reasons may be given orally to the employee.
Another confirmed that reasons would be given in person. A number of
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respondents said that such a situation had never occurred but that responses
would be given in writing if the circumstance had changed. Most applications
for WLB schemes are collated centrally. Once worksharing is initiated staff are
seldom required by management to resume fulltime working hours. The
majority of Departments/Offices indicated that no request had been made to
worksharing staff to increase their working hours.

9. Problems Identified
42. General: The problems identified related to the particular circumstances of each
Department/Office. However it was generally considered that availing of a
number of schemes (statutory and/or non statutory) can lead to totally
ineffective presence in work: for example, officers availing of study schemes
combined with WLB schemes can be out of the office for much of the year.
Comments were received that a number of circulars are not clear on the impact
of some schemes, for example flexible working hours. This is perhaps best
summarised by one Departments statement that the benefits of some of the
WLB arrangements accrue to an individual but at the cost to staff remaining
and working the full time. It appears that managers and full-time workers often
fail to see the advantages for themselves in colleagues availing of WLB
schemes. The Business Impact Consultation of the Department of Social and
Family Affairs pointed to problems arising where the work loads of either fulltime or worksharing staff are perceived as being too onerous and where work
sharing attendance patterns resulted in limitations on the annual leave taking
options of colleagues i.e. too many staff absent on Mondays and Fridays.

43. Term Time: One respondent remarked that term time commitments can impact
on other staff wishing to avail of annual leave as it occurs during the Summer
period. This can be problematic on occasions.

44. Career Breaks A specific difficulty with regard to career breaks has been
identified as staff returning from career breaks and wishing to be accommodated
in the same Office where they were previously employed; this is not always
possible as a result of the geographical location and size of offices.

45. Problems for staff availing of WLB policies: staff who change their working
pattern without informing the Human Resource Unit / Salary Unit can
experience problems later on with regard to pay and PRSI contributions. The
calculation of leave for people working atypical work patterns can be a very
time consuming matter, as can other administrative matters in relation to WLB
schemes. The Equality Unit are also aware that there have been problems in
regard to annual leave for worksharers and leave in lieu of bank

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holidays/privilege days, and are currently addressing this issue. In relation to


promotions, there can be difficulties when a full time post becomes available
and the person who is next for consideration on the panel is a worksharer.

46. Problems arise from the fact that there are currently no restrictions outlined in
the circulars on the uptake of more than one WLB scheme concurrently or in
direct succession. As observed by one Department, [a difficulty exists] where
units are under pressure and managers get the impression that saying no leads to
a fundamental transgression of human rights. Senior managers need to be
advised at monthly meetings that WLB is not a divine right but a concession to
which the organisation will do its best to facilitate. Staff by extension needs to
be reminded of this too.
10. Partnership Committees
47. With regard to WLB being on the Partnership Committee Agenda, thirteen
respondents stated that WLB is a permanent item on the Agenda for the
Partnership Committee, while seven stated that WLB issues were raised if
required. The other respondents did not have WLB schemes on their Agenda.

11. Positive Benefits Identified by Departments/Offices


48. The majority of Departments/Offices stated that the main positive contribution
of WLB schemes was the retention of good staff that might otherwise have to
resign, particularly with regard to those who are rearing families and those with
care responsibilities for relatives. In the broader context they contribute to a
happier work force and working environment, and in the context of society
generally allow some individuals to provide assistance (care to children
/relatives) or assist voluntary bodies in situations that might otherwise prove to
be a burden on the State.
49. Many Departments/Offices also noted the improvement in the quality of the
lives of those who avail of WLB. This has a positive effect on the Departments
/Offices also, as a satisfied workforce contributes to an enhanced quality of
working life and improves morale. Staff members, who can manage the often
competing commitments of work life and family life effectively, are more likely
to be content and work performance is often high as a result.
50. WLB can make Civil Service employment very attractive for many people and
as such can result in the attraction and retention of knowledge, skills and
experience that might otherwise be lost. In a competitive labour market, the
availability of WLB policies has aided in the retention of staff who weigh up the
potentially higher wage rate in the private sector against the flexibility which
their public sector employment affords them. This has played a role in making
the Civil Service an employer of choice for many people. Access to career
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breaks has enabled the return of experienced high calibre staff to some
Departments/Offices. Career breaks are an excellent opportunity for personal
development and allow Departments/Offices to take advantage of the officers
development and experiences on their return. The increase in the number of
applications for WLB schemes over the years implies that they are a popular
choice.
51. Reduced stress fatigue and staff turnover, increased morale, enhanced equality,
more effectiveness on the job and better retention of knowledge and a reduction
of instances of casual sick leave amongst worksharers are seen as demonstrating
that the availability of WLB is of benefit to employees and employers alike.
12. Changes Advocated by Departments.
52. The information received from the 2004 survey was perhaps most specific in
relation to changes which Departments/Offices felt would be of benefit. The
suggestions made are listed below.
- put stricter guidelines in place in relation to domestic and force majeure
leave
- consider varying options in relation to annualised working hours
- undertake analysis as to whether the build up of flexi-leave is affecting
business operations
- put an undertaking in place which assures Personnel Sections that if an
official who is on career break is non contactable after a certain period of
time, they will be deemed resigned.
- no further expansion of term time
- each member of staff should be restricted to one form only of the main
non-statutory WLB arrangements or
- the options available to people participating in WLB schemes in a 12
month period should be restricted
- guidelines should be issued centrally on the appropriate management of
refusals of applications
- guidelines in relation to the most effective balance between worksharing
and full-time staff in terms of business delivery and staff morale would be
appreciated.

16

F. Observations and Considerations


53. Implementation of WLB schemes: The operation of WLB schemes is particular
to each Department/Office. The implementation of these schemes within
Departments/Offices is at the discretion of management, in light of the
operational needs of the Department/Office. Management has the final decision
on applications for participation in WLB schemes. It has to be recognised that
the purpose of these schemes is to assist staff to combine work and family
responsibilities, a stated priority of the Government.
54. Gender considerations: The research conducted into Gender Equality in the
Civil Service in 1999 identified two main factors which women reported as
disincentives to competing for promotion: the competition process itself and
difficulties in reconciling work and family commitments. The Equality Report
currently being finalised by the Department of Finance confirms that there is a
continued reluctance on the part of women to put themselves forward for
promotion. Access to WLB schemes has been identified as an important element
in encouraging women to seek advancement.
55. The burden of combining family and family responsibilities with work is largely
borne by women. The statistics on the uptake of WLB schemes highlight the
imbalance between men and women participating in the schemes. The figures
also show that the main reason women participate in the schemes is for childcare
purposes whereas men who participate in the schemes do so for a variety of
reasons. There is evidence that women are having children later in their careers.
It is likely therefore that there will be a continuing demand for flexible working
patterns in the civil service at all levels, especially if the organisation wishes to
retain experienced and skilled staff. Also as our population ages there will be a
growing demand for flexible arrangements to care for elderly relatives. The
management of these schemes is going to be a major challenge for Departments/
Offices.
56. Access to WLB schemes is not exclusive to women and there appears to be
barriers to the uptake of the schemes by men. According to a 2002 study for the
National Development Plan 2000-2006, men who partake of WLB are viewed as
less serious about their career than those who are not, particularly in the opinion
of other men. This study was not specific to the Civil Service, but these findings
spotlight these attitudes which are likely to create a barrier to men taking up
these kinds of WLB arrangements. The statistics in the appendix bear this out.
The participants in all WLB schemes are predominantly women. This is an issue
which needs to be addressed by the Civil Service.

17

Responsibilities of Departments/Offices
57. The operation of all the non-statutory schemes is subject to the principle that
the operational requirements of the Departments are not adversely affected. All
applications to participate in WLB schemes should be considered in the context
of the organisational needs of the Departments/Offices. Such organisational
needs may make it necessary to limit the numbers who may participate in any of
the schemes, in particular worksharing which is the most burdensome
administratively. In line with Government Policy as set out in the National
Agreements, Departments/Offices should make all reasonable efforts to
accommodate requests from staff to participate in the schemes. In relation to
worksharing Circular 31/2001 states:
It is important that both management and those participating in the scheme
adopt a flexible approach to the operation of the scheme. Management
should endeavour to tailor tasks and workloads to allow for flexible
attendance patterns which accommodate the needs of the Civil Service with
the personal responsibilities or choices of those participating in the scheme.
58. The challenge for the Departments and Offices is to adopt a strategic approach
to the management of WLB arrangements in the same way as other aspects of
their business and for a policy in relation to WLB to be included in the annual
Statements of Strategy.
59. The review has provided information on the approaches that are being taken to
the management of WLB schemes. Based on the information provided, a
number of proposals for consideration in relation to the management of WLB
schemes, are set out below:

18

Proposals for Consideration


Formal Review
60. It is recommended that a formal review of WLB schemes be conducted annually
linked to the business plans for each Department/Office. Annual review is a very
effective way of identifying the impact that WLB arrangements are having on
operational effectiveness. A review can help to assess whether there is scope for
new WLB schemes to be introduced or access widened. Assessing all WLB
practices together can help create a framework for managing WLB across a
Department/Office and to take into account the interaction between schemes.
Linking into the business plans puts the focus on the delivery of results and the
management of human resources in that context. Review of the management of
the schemes should take on board the perspective of staff who are not
participating in WLB schemes.
Section review of WLB Schemes, in particular Worksharing Schemes
61. Regular reviews by line managers of the WLB arrangements of staff, including
the worksharing patterns, as a risk assessment process, can provide early
warnings to management of possible impacts on the functioning of the sections
concerned. The signing of workshare contracts outlining the terms and
conditions of the position that will apply in the coming year, is an undertaking
by staff and management to ensure that the arrangement works. It may be
beneficial for all new worksharing agreements to be put in place for a specified
duration and to have this pattern reviewed annually.

Management and Staff WLB Training


62. The provision of training for managers and staff in relation to WLB is vital for
the efficient functioning of WLB schemes. Managers need to be given
information and training to support them in managing WLB arrangements.
There should be a Departmental or Office policy framework in relation to the
operation of the schemes and decisions of managers on applications for WLB
arrangements should be consistent with this policy. Manager and staff
handbooks detailing WLB information on benefits and implications are a useful
resource for managers and staff. Staff also need to be aware of the impact that
partaking in WLB schemes can have on their entitlements in areas such as
pensions, public holidays and annual leave. An annual WLB information day is
a good way of promoting the schemes and highlighting the benefits and
liabilities of such a system.
Decentralisation
63. All Departments/Offices should formulate strategies to provide for the
continuation of WLB schemes in a decentralised service. Any difficulties that
Departments/Offices may perceive they will encounter should be highlighted to
all staff decentralising. Departments and offices remaining in Dublin also
19

formulate strategies in relation to the continuation of WLB schemes, where


possible, for incoming staff having regard to their business needs.
Provision for Cover for Staff on WLB Schemes
64. Any accommodations that have to be made to cover staff on WLB leave should
be done at local level where possible in consultation with the central HR
function. It is imperative that local offices feel empowered over the running of
their own office and are able to organise their work in the manner that they feel
is most effective. The recruitment of temporary staff or the deployment of staff in
an acting up capacity for term time is widespread and is a suitable way to
address short term absences.
65. For career breaks and similar longer periods of leave, it would be preferable if
local managers made a business case for replacement staff to HR in advance of
the departure of staff and planned for a period of overlap with the replacement
staff.
66. In relation to offices that have a number of worksharing staff, and in particular
those involved in direct public service delivery, the use of a rota to ensure that
there are sufficient staff available during business hours may be beneficial in
guaranteeing service delivery. In taking on staff to provide cover, account must
be taken of the employment legislation in relation to fixed term and contract
workers.
67. The issue of non-replacement of staff on maternity leave on grounds of the
financial burden is a concern, particularly as many civil servants are now in
receipt of maternity benefit that is paid into the Departments and Offices. As the
period of paid maternity leave increases (26weeks paid and 16 weeks unpaid
leave from March 2007) so will the burden of extra work on existing staff if staff
are not replaced.

Reorganisation of Work
68. The reorganisation of tasks is an integral element of effective WLB
arrangements. If the work tasks are not broken down in an effective manner,
there may be unfair burdens placed upon staff working full-time and increased
stress for those managing unchanged workloads on reduced hours. The outcome
may be discontent among staff, both those participating in WLB initiatives and
those who are not.
Partnership Committee Agenda
69. All Departments/Offices should consider including WLB schemes as a standing
issue on the Partnership Agenda. This would help to increase the Service-wide
knowledge of the schemes that are in place and to keep all staff updated on
developments.

20

Worksharing on Promotion
70. All worksharing contracts should outline the Office/Departments policy on the
on continuation of worksharing on promotion. It should also be decided prior to
advertisement of the position whether it would be a suitable post for
worksharing. The provision of worksharing on promotion generally seems to be
accommodated if possible. However automatic worksharing on promotion can
be problematic from a business delivery perspective for some posts.

Policies and Mechanisms to Deal with Requests from Staff


71. There should be a Departmental or Office policy in relation to the operation of
the schemes and decisions of managers on applications for WLB arrangements
should be consistent with this policy. A balance needs to be struck between
dealing with situations on a case by case basis, thereby allowing local
discretion, and providing a central policy outlining considerations which should
be taken into account, such as the availability of staff to make up the shortfall in
numbers, the number of posts in any section / division or local office which
could be operated on the basis of not having opposites providing cover and the
suitability of some posts. Creating a policy framework through the Partnership
Committee may be helpful in producing agreed guidelines to be followed by all
sections. This would make the acceptance or rejection of applications more
transparent. It would be preferable if all applications and replies to applications
whether accepted or rejected were given in writing. This would improve
transparency and accountability in the process and provide records of all WLB
arrangements in place.

21

Role of the Department of Finance


Policy Network
72. It is proposed to set up a WLB Network to address policy issues and in
particular to address the issues set out below that were raised by Departments/
Offices in the Review:

production of guidelines in relation to domestic and force majeure leave

options in relation to annualised working hours

analysis of the impact on business delivery of the build up of flexi-leave

return to work of those on career breaks arrangements for deeming officers


who have resigned

limiting the expansion of term time

restricting staff to one form only of the main non-statutory WLB


arrangements or limiting the options available to people participating in WLB
schemes in a 12 month period.

guidelines on the appropriate management of refusals to applications

guidelines in relation to the most effective balance between worksharing and


full-time staff in terms of business delivery and staff morale

grade restrictions.

Training
73. Department to consult with CMOD about the roll out of training for managers
on the operation of WLB schemes. In addition a one day seminar for Personnel
Officers and managers to be arranged on the management of WLB Schemes.

22

Statistical Survey: Information and Appendices


In May 2006, The Equality Unit of the Department of Finance requested up-to-date
data from all Departments/Offices in relation to Worksharing, Term Time and Career
Breaks, as these schemes are perceived as having the greatest impact on the
management of business units. In total, requests for information were issued to 44
Departments/Offices. A general reminder was issued in June, requesting that data be
returned by 21st July 2006. Departments/Offices which had failed to respond by the
deadline were then contacted individually by telephone and email.
Responses from were received from 38 Departments /Offices.The data which follows
is based wholly on the information supplied in these 38 responses, but is considered to
be representative of the position across the Civil Service. Respondents to the
questionnaire were asked to answer a number of questions regarding levels of WLB
participation.
In relation to Work-sharing, Departments/Offices were asked the following questions:
1. As at the 31st of December 2005, how many employees were worksharing in
your department?
2. For each of the work sharing patterns in operation in your department please
advise:
- the breakdown of gender of employees in each particular pattern
- the breakdown by grade of employees in each particular pattern
A summary of the data received is presented at Appendix A.
In relation to Term Time, Departments/Offices were asked the following questions:
1. How many employees applied for Term Time in 2004 and in 2005?
2. How many employees were granted Term Time in 2004 and in 2005?
3. What was the breakdown by gender of those granted Term Time in each year?
4. What was the breakdown by grade of those granted Term Time each year?
A summary of the data received is presented at Appendix B.
In relation to Career Breaks, Departments/Offices were asked the following questions:
1. How many employees applied for a Career Break in 2004 and in 2005?
2. How many employees were granted a Career Break in 2004 and in 2005?
3. For each of the Career Break applications in 2004 and 2005 in your
Department/Office please advise, broken down by gender and grade, the
purpose for which the Career Break was sought.
A summary of the data received is presented at Appendix C.

23

APPENDIX A.

Total Worksharing at 31/12/2005


5525

Total Number across 38 Departments/Offices

Total No. across Depts/Offices who provided Gender Breakdowns

5454

34

Total No. of Depts/Offices who provided Gender breakdowns

Number of Departments/Offices who had no Worksharing

Male

%age of Gender Total*

304

5.57%

Female

%age of Gender Total*

5150

CO

94.43%
Totals Across Departments/Offices who
provided Gender Breakdowns
Total
Male
Female
2525
102
2423

%age of Total
46.30%

EO

1174

53

1121

21.53%

SO

429

10

419

7.87%

HEO/AO

601

70

531

11.02%

AP

212

30

182

3.89%

PO

52

47

0.95%

OTHER

461

34

427

8.45%

Totals

5454

304

5150

*Statistical information based on these figures

24

APPENDIX B

Total Granted Termtime Options in 2005

Total Number across 37 Departments/Offices*

1464

Total No. across Depts/Offices who provided Gender Breakdowns

1212

23

Total No. of Depts/Offices who provided Gender breakdowns

Number of Departments/Offices who had no Termtime in 2004

Male

%age of Gender Total

99

8.17%

Female

%age of Gender Total

1113

CO

91.83%
Totals Across Departments/Offices who provided
Gender Breakdowns
Total
Male
Female
539
18
521

%age of Total
44.47%

EO

338

28

310

27.89%

SO

122

118

10.07%

HEO/AO

140

25

115

11.55%

AP

50

17

33

4.13%

PO

0.58%

OTHER

16

12

1.32%

1212

99

1113

Totals

* No figures are included from The Department of Arts, Sport & Tourism as no data in
relation to termtime was received from this Department

25

Total Granted Termtime Options in 2004


Total Number across 37 Departments/Offices*

1366

Total No. across Depts/Offices who provided Gender Breakdowns

1161

22

Total No. of Depts/Offices who provided Gender breakdowns

Number of Departments/Offices who had no Termtime in 2004

Male

%age of Gender Total

147

12.66%

Female

%age of Gender Total

1014

CO

87.34%
Totals Across Departments/Offices who provided
Gender Breakdowns
Total
Male
Female
502
15
487

%age of Total
43.2%

EO

302

32

270

26.01%

SO

108

106

9.30%

HEO/AO

172

64

108

14.81%

AP

49

23

26

4.22%

PO

0.608%

OTHER

21

13

1.81%

1161

147

1014

Totals

* No figures are included from The Department of Arts, Sport & Tourism as no data was
received in respect of termtime from this Department

26

Total Granted Career Breaks in 2005

APPENDIX C.

Total Number across 37 Departments/Offices*

437

Total No. across Depts/Offices who provided Gender Breakdowns

249

23

Total No. of Depts/Offices who provided Gender breakdowns

Number of Depts/Offices who had no Career Breaks in 2005

Male

%age of Gender Total

67

26.91%

Female

%age of Gender Total

182

CO

73.09%
Totals Across Departments/Offices who provided
Gender Breakdowns
Total
Male
Female
147
30
117

%age of Total
59.0%

EO

52

19

33

20.88%

SO

2.01%

HEO/AO

10

4.02%

AP

3.21%

PO

0.40%

OTHER

26

10

16

10.44%

Totals

249

67

182

* No figures are included from The Irish Prisons Service as insufficient data was provided

27

Total Granted Career Breaks in 2004


Total Number across 37 Departments/Offices*

353

Total No. across Depts/Offices who provided Gender Breakdowns

246

23

Total No. of Depts/Offices who provided Gender breakdowns

Number of Depts/Offices who had no Career Breaks in 2004

Male

%age of Gender Total

65

26.42%

Female

%age of Gender Total

181

CO

73.58%
Totals Across Departments/Offices who provided
Gender Breakdowns
Total
Male
Female
140
31
109

%age of Total
56.91%

EO

36

11

25

14.63%

SO

15

11

6.10%

HEO/AO

21

14

8.54%

AP

11

4.47%

PO

1.22%

OTHER

20

13

8.13%

Totals

246

65

181

* No figures are included from The Irish Prisons Service as insufficient data was
provided

28

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