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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 allother 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. Micheál Martin, T.D. stated at the June

    2005 National framework Committee for Work Life Balance seminar: “Work-

    life 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.

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    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. Theyinclude 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 tothe 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 policiesare designed to promote family formation and family life".

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    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 peopleshop, 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

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    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 employee’s

    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

    Carer’s 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 weeksCarer’s 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 Carer’s 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 areentitled 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 to20 weeks paid leave rising to 24 weeks commencing on the 1st March

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    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 andworkloads.

    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/weekoff 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.

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    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 primarycarer 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 andmarriage 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 afterthe 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)

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    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 crèches for children of

    civil servants. An interim board has been established to manage this initiative.

    At present there are two crèches in Dublin, in Mount Street and Marlborough

    Street. Outside Dublin crèches have been opened in Ennis, Athlone, Sligo,

    Backweston and Celbridge. The Department of Finance and the Office of PublicWorks are working on a number of proposals for further Civil Service crèches.

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    Review of Operation of Statutory and Non-

    Statutory 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 worksharingoptions 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.

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    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 awork 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 provideany 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 onthe 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 WLBarrangements 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. Inrelation 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 recruittemporary 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/Officeshave 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 beforehandwhether 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 Department’s 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 full-

    time 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 inregard 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 makingthe Civil Service an employer of choice for many people. Access to career

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    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 anddifficulties 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.

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     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 organisationalneeds 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 withthe 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:

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     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 veryeffective 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 toall staff decentralising. Departments and offices remaining in Dublin also

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     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 shouldbe 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 ondevelopments.

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    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 toadvertisement 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 betweendealing 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 WLBarrangements in place.

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    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.

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    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.

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    APPENDIX A. Total Worksharing at 31/12/2005 

    Total Number across 38 Departments/Offices 5525

     

    Total No. across Depts/Offices who provided Gender Breakdowns 5454

    Total No. of Depts/Offices who provided Gender breakdowns 34

    Number of Departments/Offices who had no Worksharing 3

     

    Male %age of Gender Total*

    304 5.57%

    Female %age of Gender Total*

    5150 94.43%Totals Across Departments/Offices who

    provided Gender Breakdowns

    Total Male Female %age of Total

    CO 2525 102 2423 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 5 47 0.95%

    OTHER 461 34 427 8.45%

    Totals 5454 304 5150

    *Statistical information based on these figures

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    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

    Total No. of Depts/Offices who provided Gender breakdowns 23

    Number of Departments/Offices who had no Termtime in 2004 7

     

    Male %age of Gender Total

    99 8.17%

    Female %age of Gender Total

    1113 91.83%Totals Across Departments/Offices who provided

    Gender Breakdowns

    Total Male Female %age of Total

    CO 539 18 521 44.47%

    EO 338 28 310 27.89%

    SO 122 4 118 10.07%

    HEO/AO 140 25 115 11.55%

    AP 50 17 33 4.13%

    PO 7 3 4 0.58%

    OTHER 16 4 12 1.32%

    Totals 1212 99 1113

    * No figures are included from The Department of Arts, Sport & Tourism as no data in

    relation to termtime was received from this Department

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    Total Granted Termtime Options in 2004

    Total Number across 37 Departments/Offices* 1366

    Total No. across Depts/Offices who provided Gender Breakdowns 1161

    Total No. of Depts/Offices who provided Gender breakdowns 22

    Number of Departments/Offices who had no Termtime in 2004 9

     

    Male %age of Gender Total

    147 12.66%

    Female %age of Gender Total

    1014 87.34%Totals Across Departments/Offices who provided

    Gender Breakdowns

    Total Male Female %age of Total

    CO 502 15 487 43.2%

    EO 302 32 270 26.01%

    SO 108 2 106 9.30%

    HEO/AO 172 64 108 14.81%

    AP 49 23 26 4.22%

    PO 7 3 4 0.608%

    OTHER 21 8 13 1.81%

    Totals 1161 147 1014

    * No figures are included from The Department of Arts, Sport & Tourism as no data was

    received in respect of termtime from this Department

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    APPENDIX C.  Total Granted Career Breaks in 2005 

    Total Number across 37 Departments/Offices* 437

    Total No. across Depts/Offices who provided Gender Breakdowns 249

    Total No. of Depts/Offices who provided Gender breakdowns 23

    Number of Depts/Offices who had no Career Breaks in 2005 7

     

    Male %age of Gender Total

    67 26.91%

    Female %age of Gender Total

    182 73.09%

    Totals Across Departments/Offices who provided

    Gender Breakdowns

    Total Male Female %age of Total

    CO 147 30 117 59.0%

    EO 52 19 33 20.88%

    SO 5 2 3 2.01%

    HEO/AO 10 3 7 4.02%

    AP 8 3 5 3.21%

    PO 1 0 1 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

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    Total Granted Career Breaks in 2004

    Total Number across 37 Departments/Offices* 353

    Total No. across Depts/Offices who provided Gender Breakdowns 246

    Total No. of Depts/Offices who provided Gender breakdowns 23

    Number of Depts/Offices who had no Career Breaks in 2004 7

     

    Male %age of Gender Total

    65 26.42%

    Female %age of Gender Total

    181 73.58%Totals Across Departments/Offices who provided

    Gender Breakdowns

    Total Male Female %age of Total

    CO 140 31 109 56.91%

    EO 36 11 25 14.63%

    SO 15 4 11 6.10%

    HEO/AO 21 7 14 8.54%

    AP 11 2 9 4.47%

    PO 3 3 0 1.22%

    OTHER 20 7 13 8.13%

    Totals 246 65 181

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

     provided