Frequently Asked Questions
In this section we aim to answer a number of important questions relating to key HR, Employment Law and Health and Safety Topics.
This month’s focus: Force Majeure Leave.
Force majeure leave is statutory paid leave provided under the Parental Leave Acts 1998-2013. This paid leave is provided for Employees where, due to the illness or injury of one of a named list of people, their presence is indispensable at the location of that person.
There is no service requirement for an Employee wishing to avail of force majeure leave. However, in order for a situation to warrant the granting of force majeure leave it must meet the following criteria:
The presence of the Employee at the place where the ill or injured person is situated, must be deemed indispensable. Case law indicates that where an Employee is instructed to look after a person by a medical professional, their presence may be indispensable. However, the nature of the illness is not the only consideration. In one case an Employee who believed that her child was very ill, but was mistaken, was allowed to avail of the day as force majeure leave, on grounds that her presence at the hospital was indispensable at the time, despite the fact that it transpired that her child was not actually ill.
The requirement to take leave must be urgent and immediate. An Employee should not generally be in a position to plan the leave, therefore it should not be used for events such as bringing a child to a pre-scheduled doctor’s appointment.
What is Force Majeure Leave?
Force Majeure Leave is paid leave provided for Employees to deal with emergency situations arising from the illness or injury of immediate family members and others named within the Acts.
For whom may Force Majeure Leave be Taken?
Force majeure leave may be taken in respect of the illness or injury of one the following persons:
Employees are entitled to paid time off of up to 3 days in any 12 consecutive months, or 5 days in any 36 consecutive months. Part days shall be regarded as full days for the purposes of the maximum number of days one can take.
This month’s focus: Force Majeure Leave.
Force majeure leave is statutory paid leave provided under the Parental Leave Acts 1998-2013. This paid leave is provided for Employees where, due to the illness or injury of one of a named list of people, their presence is indispensable at the location of that person.
There is no service requirement for an Employee wishing to avail of force majeure leave. However, in order for a situation to warrant the granting of force majeure leave it must meet the following criteria:
The presence of the Employee at the place where the ill or injured person is situated, must be deemed indispensable. Case law indicates that where an Employee is instructed to look after a person by a medical professional, their presence may be indispensable. However, the nature of the illness is not the only consideration. In one case an Employee who believed that her child was very ill, but was mistaken, was allowed to avail of the day as force majeure leave, on grounds that her presence at the hospital was indispensable at the time, despite the fact that it transpired that her child was not actually ill.
The requirement to take leave must be urgent and immediate. An Employee should not generally be in a position to plan the leave, therefore it should not be used for events such as bringing a child to a pre-scheduled doctor’s appointment.
What is Force Majeure Leave?
Force Majeure Leave is paid leave provided for Employees to deal with emergency situations arising from the illness or injury of immediate family members and others named within the Acts.
For whom may Force Majeure Leave be Taken?
Force majeure leave may be taken in respect of the illness or injury of one the following persons:
- A child or adoptive child of an Employee,
- A spouse or partner of an Employee,
- A person to whom the Employee is acting in loco parentis,
- A brother or sister of an Employee,
- A parent or grandparent of an Employee, or
- A person with whom the Employee lives in a relationship of domestic dependency. This includes any person who resides with a staff member who, in the event of their injury or illness, would reasonably rely on that Employee to make arrangements for the provision of care. This includes, but is not limited to same sex partners.
Employees are entitled to paid time off of up to 3 days in any 12 consecutive months, or 5 days in any 36 consecutive months. Part days shall be regarded as full days for the purposes of the maximum number of days one can take.
