Published: August 2025
Author: Amergin Consulting Ltd.
Target Audience: SME Owners, HR Managers, Finance Directors
Book a meeting: https://calendly.com/amergin-group_free/30min?back=1&month=2025-08
Executive Summary
Irish small and medium enterprises are now facing sweeping new obligations under Ireland's Work-Life Balance Act 2023—changes that could trigger costly disputes and workplace disruption if handled poorly, or boost loyalty and productivity if managed proactively. Enacted on 4 April 2023, this legislation introduces groundbreaking employee rights: five days of paid domestic violence leave and five days of unpaid medical care leave annually, plus new rights to request flexible or remote working.
Most SMEs remain unprepared: industry sources indicate that a majority have yet to fully implement the required changes, leaving them exposed. With approximately one in nine employees juggling caring duties and one in four women and one in seven men experiencing domestic abuse in their lifetimes, the odds are that eventually someone in your organisation will need these new supports. Non-compliance isn't an option; workers can now bring claims to the Workplace Relations Commission (WRC) if their new rights are infringed, with potential awards up to 20 weeks' wages in compensation.
On the upside, forward-thinking companies that embrace these changes stand to gain a competitive edge. Research shows flexibility and work-life balance are key drivers of engagement and retention. 85% of businesses report increased productivity with flexible work policies, and offering remote work options has cut employee turnover by 25% on average. In short, compliance can pay off.
This guide distills what Irish employers—especially SMEs—need to know about the Work-Life Balance Act 2023 and how to stay compliant through payroll and HR practices. We break down the new leave entitlements, the rights to request remote or flexible working, and the practical steps you must take to meet these obligations. We also highlight the hidden risks of ignoring the rules, and how smart SMEs can turn these mandates into opportunities to improve morale and retention.
The reality is clear: fail to prepare and you risk costly compliance failures when you can least afford them—but prepare well, and you'll build a healthier, more resilient organisation.
Work-Life Balance Act 2023 Quick Facts
Signed into Law: 4 April 2023 (effective in stages late 2023 – early 2024)
Coverage: 250,000+ Irish businesses affected
Employee Impact: All employees with 6+ months service (remote work) or 26+ weeks service (flexible work for carers)
New Leave Entitlements:
- 5 days paid Domestic Violence Leave per 12 months
- 5 days unpaid Medical Care Leave per 12 months
Key Timelines:
- 8 weeks advance notice required for flexible/remote work requests
- 4 weeks maximum response time (extendable to 8 weeks)
- 3 years mandatory record-keeping period
Penalties:
- Up to 20 weeks' pay for flexible work or leave-related breaches
- Up to 4 weeks' pay for remote work claim breaches
- €2,500 fines for record-keeping violations
SME Compliance Status: Only 10% report full compliance currently
1. New Leave Entitlements: Domestic Violence Leave & Medical Care Leave
The Work-Life Balance Act 2023 introduces two significant leave entitlements that Irish employers must accommodate:
Statutory Domestic Violence Leave – 5 Days Paid
Employees who are victims of domestic violence (or supporting a dependent who is a victim) are now entitled to up to five days of paid leave in any 12-month period. Ireland is one of the first EU countries with statutory domestic violence leave, intended to give victims time to seek medical attention, counselling, legal advice, protection orders, or to relocate as needed.
Key requirements:
- Paid by employer at normal daily rate—no loss of earnings
- No advance notice required—domestic crises arise suddenly
- No proof required—employers cannot demand police reports or medical notes
- Strict confidentiality—information must be handled with sensitivity
- Individual days only—no half-day entitlements
Leave for Medical Care Purposes – 5 Days Unpaid
Employees gain the right to up to five days of unpaid leave per year to provide personal care or support to a family member or household member who needs significant care for a serious medical reason.
Eligibility covers care for:
- Spouse, civil partner, or cohabitant
- Parent, grandparent, or sibling
- Child under 12 (or under 16 with disability/long-term illness)
- Person living in same household
Requirements:
- Written notification using prescribed form
- Statement of facts describing medical reason and relationship
- Evidence permitted—employers may request medical certificates
- Unpaid leave—no salary compensation required
- Day-by-day basis—no half-day entitlements
Payroll Implementation Requirements
From an employer perspective, the introduction of these leaves means immediate HR and payroll practice adjustments:
- Update leave policies to include new categories
- Configure payroll systems with "Domestic Violence Leave" pay code
- Ensure 100% pay rate for DV leave (not 70% like sick pay)
- Log unpaid medical care leave without triggering other accruals
- Maintain accurate tracking—law requires 3-year record retention
- Train managers on confidential handling procedures
Both entitlements are additional to existing leave arrangements and don't reduce annual holiday or affect other statutory leave.
2. Right to Request Remote & Flexible Work: New Obligations for Employers
Beyond leave, the Work-Life Balance Act significantly expands employees' ability to seek flexible working arrangements through two related rights commenced on 7 March 2024.
Right to Request Flexible Working (Parents and Carers)
Eligible employees with family caregiving responsibilities can request changes to working arrangements to help balance duties.
Eligibility criteria:
- 26 weeks continuous service minimum
- Parent of child up to age 12 (or 16 with disability/illness)
- Carer for spouse, partner, parent, grandparent, sibling, or household member needing significant care
Flexible arrangements can include:
- Temporary part-time hours
- Schedule or pattern changes
- Compressed working hours
- Other arrangements for specified duration
Right to Request Remote Working (All Employees)
All employees with at least 6 months' service have a legal right to request remote working arrangements—either fully or partially remote.
This reform:
- Repealed the standalone Remote Work Bill
- Removed mandatory written remote work policy requirement
- Applies to all employees, not just carers
- Covers full or partial remote arrangements
Legal Timeline and Process Requirements
Employee obligations:
- 8 weeks advance notice before desired start date
- Written application detailing arrangement sought
- Reason specification (especially for flexible work requests)
Employer obligations:
- 4 weeks maximum response time from receipt
- Three possible responses: approve, refuse, or extend assessment (up to 8 additional weeks)
- Written reasons required if refusing request
- Good faith consideration of employee needs and business impact
Refusal Grounds (per WRC Code of Practice):
- Role unsuitability for remote work
- Quality or performance concerns
- Disproportionate accommodation burden
- Inability to reassign work
- Planned structural changes
- Substantial adverse business effects
Dispute Resolution
The WRC cannot override employer decisions on merit but can assess procedural compliance. Breaches include:
- Ignoring requests or missing deadlines
- Failing to consider employee needs
- Not providing written refusal reasons
- Procedural non-compliance
Maximum penalties:
- 20 weeks' pay for flexible working breaches
- 4 weeks' pay for remote working breaches
3. The Penalty Risk: Why Non-Compliance Could Hurt Your Business
The Work-Life Balance Act 2023 carries real enforcement consequences for Irish employers who ignore or mishandle obligations.
WRC Claims and Financial Awards
Primary enforcement occurs through WRC adjudication (with Labour Court appeals). Employees can lodge complaints for:
- Unjust refusal of remote/flexible work requests
- Being blocked or penalised for taking leave
- Non-payment for domestic violence leave
Financial impact perspective:
- 20 weeks' pay = approximately 5 months' salary
- Mid-level employee (€40,000): potential €16,000 award
- 4-week remote work penalty: €2,000-€3,000+ depending on salary
- Multiple employee claims: costs multiply exponentially
Record-Keeping and Inspection Risks
WRC Inspectors conduct compliance inspections and expect:
- Complete leave records for DV and medical care leave
- 3-year retention of all documentation
- Proper payroll classification and tracking
Violations can result in:
- Class C fines up to €2,500
- Compliance notices with correction deadlines
- Prosecution for serious neglect (rare but possible)
Penalisation Protection
The Act explicitly prohibits retaliation for exercising rights, including:
- Dismissal or suspension
- Hour reductions or benefit withdrawal
- Negative evaluations due to leave/requests
Consequences:
- Standard unfair dismissal claims (up to 2 years' salary)
- Additional WLB Act penalties (20 weeks' pay)
- Constructive dismissal claims for hostile treatment
Common Compliance Pitfalls SMEs Make
- "We didn't know" defence: Legal ignorance provides no protection
- No process establishment: Requests slip through cracks, deadlines missed
- Improper refusal reasons: Knee-jerk "no" responses without business justification
- Request dismissal: Mocking or discouraging legitimate requests
- Record-keeping failures: Missing documentation during inspections
Reputational Consequences
Beyond financial penalties:
- WRC decisions published online (employers named)
- Social media and talent market reputation damage
- Current employee trust erosion
- Future recruitment difficulties
Non-compliance represents false economy—penalties far exceed upfront compliance investment.
4. Strategic Advantage: Turning Compliance into Competitive Benefit
Forward-thinking SMEs are leveraging Work-Life Balance Act compliance as a strategic advantage rather than viewing it as mere regulatory burden.
Enhanced Recruitment and Retention
Current workforce expectations:
- 80% of employees consider flexible work options key job factors
- 87% expect employer support for work-life balance
- 25% turnover reduction observed with remote work options
- 85% of businesses report productivity increases with flexible policies
Financial retention benefits:
- Employee replacement costs: 20% of annual salary
- SME average: €12,000-€18,000 per replacement
- Institutional knowledge preservation
- Reduced recruitment and training expenses
Productivity and Engagement Benefits
Work-life balance support drives:
- Higher employee morale and engagement
- Reduced stress and burnout
- 21% more high performers in wellbeing-focused companies
- Discretionary effort and loyalty increases
Operational Advantages
- Reduced unplanned absenteeism through structured leave options
- Stable, predictable workforce planning
- Faster domestic violence victim support (preventing long-term disruption)
- Mental health improvements reducing sick leave
Market Positioning Benefits
SMEs can compete with larger corporations through:
- Personal, understanding work environments
- Flexibility advantages over rigid corporate policies
- Enhanced client service through stable, experienced staff
- Employer of choice reputation in tight talent markets
Risk Mitigation Value
Beyond penalty avoidance:
- Reduced legal exposure and tribunal risks
- Enhanced employee relations and trust
- Proactive compliance culture development
- Future regulatory change preparation
Smart implementation creates virtuous cycles: supported employees perform better and stay longer, improving business results and enabling continued investment in employee support.
5. The Amergin Advantage: Ensuring Seamless Compliance and Support
Adapting to the Work-Life Balance Act 2023 requires expertise across legal, HR, and payroll domains. Amergin Consulting Ltd. specialises in helping Irish SMEs navigate complex regulatory changes, transforming compliance obligations into strategic advantages.
Why SMEs Choose Amergin for WLB Act Compliance
Our comprehensive approach combines:
- Deep legal expertise in Irish employment law
- Practical HR implementation experience
- Hands-on payroll system knowledge
- Strategic business advisory capabilities
Complete Implementation Service
Policy and Documentation Development:
- Audit existing contracts, handbooks, and leave policies
- Provide bespoke, legally-compliant policy additions
- Tailor documentation to company size and culture
- Ensure clear employee understanding and manager guidelines
Payroll System Integration:
- Configure systems for new leave types and payment rules
- Ensure domestic violence leave 100% pay rate compliance
- Set up unpaid leave tracking without accrual triggers
- Train payroll administrators on classification and reporting
Manager Training and Change Management:
- On-site or virtual supervisor training sessions
- Real-world scenario practice and role-playing
- Timeline and documentation requirement emphasis
- Internal communication strategy development
Ongoing Compliance Support:
- On-call HR compliance partnership
- Regular policy updates for regulatory changes
- Periodic compliance audits and assessments
- WRC decision monitoring and guidance updates
Business Continuity Focus:
- Absence coverage planning and contingency development
- Cross-training recommendations and temp agency partnerships
- Remote/flexible work agreement drafting
- Clear expectation setting and review procedures
Expected Investment vs. Returns
Professional service investment:
- Full implementation: €3,000-€6,000 (depending on company size)
- Ongoing support: €1,200-€2,400 annually
- Training programmes: €800-€1,500 per session
Risk avoidance benefits:
- WRC penalty prevention: €5,000-€50,000+ potential savings
- Employee retention value: €12,000-€18,000 per retained employee
- Implementation error cost avoidance: €2,000-€10,000
ROI demonstration: Retaining even one employee through improved work-life balance policies typically offsets entire professional service investment.
Our Proven Four-Pillar Framework
Pillar 1: Legal Compliance Audit
- Comprehensive gap analysis against Act requirements
- Customised action plan development
- Risk assessment and mitigation strategies
Pillar 2: Implementation & Training
- Side-by-side change implementation
- Document drafting and system setup
- Interactive training workshops with feedback incorporation
Pillar 3: Employee Engagement
- Positive change communication strategies
- Q&A materials and information session planning
- Culture adaptation guidance and support
Pillar 4: Monitoring & Support
- Issue troubleshooting and case review
- Outcome measurement and optimization
- Continuous improvement recommendations
Over 500 Irish businesses have successfully navigated regulatory transitions with Amergin's expertise, from GDPR to Brexit and now work-life balance compliance.
Your Next Steps: Work-Life Balance Act Action Plan
Immediate Actions (Next 30 Days)
Policy Audit and Planning
- Review existing leave policies and employee handbook
- Identify sections requiring updates for new entitlements
- Draft basic policy framework if none exists
- Mark employment contracts needing amendments
Management Communication
- Inform supervisors about new legal obligations
- Set expectations for implementation timeline
- Emphasise importance of proper request handling
- Establish HR escalation procedures
Payroll System Preparation
- Contact payroll provider for WLB Act guidance
- Test system capacity for new leave categories
- Verify domestic violence leave 100% pay capability
- Create simple tracking spreadsheet for 5-day entitlements
Compliance Foundation
- Download WLB Act compliance checklist
- Update statutory leave information displays
- Schedule all-hands meeting agenda inclusion
- Begin manager training material collection
60-Day Implementation Targets
Policy Rollout
- Finalise and circulate updated policies to all staff
- Provide clear application procedures and contact points
- Reassure employees about confidentiality and support
- Establish defined request processing channels
Manager Training Delivery
- Conduct supervisor training workshops
- Practice real-world scenario handling
- Emphasise timeline compliance and documentation
- Role-play sensitive conversation management
Documentation Systems
- Create dedicated WLB Act record-keeping files
- Prepare request logging templates and forms
- Draft response letter templates (approval/refusal/extension)
- Establish 3-year retention procedures
Process Testing
- Conduct internal dry-run simulations
- Time decision-making workflows
- Test manager escalation procedures
- Adjust processes based on trial feedback
90-Day Compliance Readiness
Outstanding Issue Resolution
- Address implementation challenges discovered
- Develop absence coverage solutions
- Ensure formal documentation exists
- Finalise backup procedures
Final Compliance Verification
- Complete comprehensive checklist review
- Verify all systems, training, and policies operational
- Consider external audit for assurance
- Address any remaining gaps
Employee Support Communication
- Announce availability of new supports
- Encourage open communication culture
- Establish confidential consultation options
- Set positive tone for rights utilisation
Monitoring and Adaptation
- Track request volumes and handling
- Solicit anonymous employee feedback
- Identify clarification needs
- Plan first-year learning period adjustments
Following this 90-day plan positions SMEs for full compliance while maximising employee engagement and business benefits.
Conclusion: Compliance, Culture, and Competitive Advantage
The Work-Life Balance Act 2023 represents a permanent transformation in Irish employment standards. For SMEs, this creates either significant compliance risks or strategic competitive advantages—the outcome depends entirely on implementation approach.
Current reality check:
- Only 10% of businesses report full compliance currently
- Domestic violence disclosures increased 17% in 2024
- Remote working requests have become routine business
- WRC enforcement framework is robust and active
Success determinants:
- Proactive policy development and manager training
- Integrated technology solutions and record-keeping
- Professional guidance utilisation where needed
- Employee engagement and culture adaptation
The companies thriving through this transition are those responding proactively rather than reactively. They recognise that supporting employees as whole people creates virtuous cycles of performance, retention, and business success.
Strategic choice framework:
- Reactive compliance: Risk penalties, employee dissatisfaction, competitive disadvantage
- Proactive compliance: Avoid penalties, maintain employee relations, baseline competitive position
- Strategic implementation: Transform requirements into competitive advantages, enhanced culture, market differentiation
Ready to Turn Compliance into Competitive Advantage?
Don't wait for WRC complaints or problematic requests to force action. Implement changes strategically while you have time for thoughtful planning.
Amergin Consulting Ltd. offers a complimentary 45-minute Work-Life Balance Strategy Session for SME leaders ready to get ahead.
In this no-obligation consultation, we will:
- Assess your current WLB Act readiness through targeted policy and workforce questions
- Identify business-specific risk areas requiring attention
- Outline tailored compliance roadmap with immediate implementation actions
- Answer pressing questions about Act requirements and procedures
Whether you need extensive support or basic guidance, you'll finish with:
- Clear understanding of compliance requirements
- Specific action plan for your business situation
- Risk mitigation strategies and timelines
- Useful implementation blueprint
Secure your free consultation:
Schedule your free 45-minute consultation
Email us: info@amerginconsulting.com
Book a meeting: https://calendly.com/amergin-group_free/30min?back=1&month=2025-08
Preparing for Work-Life Balance Act compliance isn't just penalty avoidance—it's positioning your business to thrive in Ireland's evolving employment landscape. With Amergin's expertise, achieve 100% compliance confidence while unlocking the full benefits of happier, more dedicated employees.
Act now to ensure your company isn't just compliant, but stronger and more resilient because of these changes. We look forward to partnering with you to build a workplace that supports your people and propels your business forward.
About Amergin Consulting Ltd.
Amergin Consulting Ltd. is a Dublin-based consultancy specialising in Irish corporate compliance and SME regulatory advisory services. With a proven track record of successfully guiding over 500 Irish businesses through major regulatory transitions—from GDPR data protection reforms to Brexit adjustments, pension auto-enrolment, and now the Work-Life Balance Act—we combine deep legal knowledge with practical implementation expertise.
Our team understands the unique challenges SMEs face and provides hands-on support tailored to your specific needs. We pride ourselves on not only ensuring full legal compliance for our clients but also identifying efficiencies and competitive advantages throughout the process. Our comprehensive services span HR compliance, payroll consulting, training delivery, and strategic planning, all delivered with a personal touch that reflects our commitment to SME success.
Let us help you turn compliance challenges into opportunities for organisational growth and improvement.
Disclaimer: This publication provides general information and does not constitute legal advice. While every effort has been made to ensure accuracy as of the publication date, employment law and guidance may evolve. Employers should consult with qualified professional advisors or legal counsel for advice on specific situations and to stay updated on any changes or further regulations related to the Work-Life Balance Act 2023. Compliance with the Act remains the responsibility of each employer, and failure to comply can result in legal consequences. Amergin Consulting Ltd. accepts no liability for actions taken based on information provided in this document without seeking personalised professional advice.