Every employer will receive an employee request for time off to care for a family member. However, many employers are unsure what an employee’s rights are. This article considers the ‘family friendly’ entitlements of Carer’s, Force Majeure and Parental Leave.
Force Majeure Leave
If an employee has an urgent family crisis/emergency, the Parental Leave Acts 1998-2013 allows a right to paid leave from work for up to 3 days in a rolling 12 month period and 5 days in a rolling 36 month period. This is known as Force Majeure Leave. A close family member is defined as: A child or adopted child of the employee; The husband/wife/partner of the employee; Parent or grandparent of the employee; Brother or sister of the employee; Person to whom the employee has a duty of care (that is, he/she is acting in loco parentis); A person in a relationship of domestic dependency with the employee, including a same-sex partner; Persons of any other class (if any) as may be prescribed.
It is important to note that this leave entitlement only applies where the employee’s immediate presence is indispensable due to the illness or injury of a close relative. This is a fairly strict interpretation and generally relates to a medical emergency. Given the ‘emergency’ element of this leave it is very rare that an employee would be entitled to consecutive days of force majeure leave as the immediacy and emergency would have ended on day one.
Employees are entitled to be paid while on force majeure leave and employers are entitled to request evidence of the emergency where possible. In addition, employers are required to keep records of force majeure leave for up to eight years.
Carer’s Leave
This leave is provided for under the Carer’s Leave Act 2001 and allows employees in Ireland to leave their employment temporarily to provide full time care for someone in need of full-time attention for a minimum period of 13 weeks and up to a maximum of 104 weeks. During this leave period, the employee’s job must be kept open for him/her. In order to qualify for this leave, the following is required:
- The employee must have 12 months continuous service with their current employer to qualify for the leave;
- The person being cared for must be deemed in need of full time cared by the deciding officer of the Department of Social Protection;
- Importantly, the person in need of care may not necessarily be a family member or spouse and could be a friend or colleague. An employee on Carer’s Leave may work for up to 15 hours per week provided that they do not exceed the income limit set by the Department;
- The employee must give 6 weeks written notice of intention to take Carers leave and the notice must contain, the date in which the leave is proposed to be taken, the duration of the leave, the manner in which the employee wishes to take the leave, a statement from the Department of Social and Family Affairs that the person they are caring for requires full time care, and it must be signed and dated.
Unlike Force Majeure Leave, the employee is not entitled to be paid while they are on Carer’s Leave. However, an employee on Carer’s Leave may work for up to 15 hours per week provided that they do not exceed the income limit set by the Department of Social Protection. In addition, the employee’s annual leave and public holiday entitlements are restricted to the first 13 weeks of the carers leave. The employee has the right to return to the same job at the same place of work on no less favourable terms and conditions.
Parental leave
An employee who is a natural or adoptive parent and who has a minimum of one year's continuous service is entitled to up to 18 weeks parental leave 'to enable him or her to take care of the child'. Like Carer’s Leave, there is no statutory obligation to provide pay during parental leave although employers can pay for all or part of the leave if they wish.
Both parents qualify for parental leave but the leave must be taken before the child is 8 years of age. There are exceptions to this maximum age requirement;
- in the case of an adopted child aged between 6 and 8 years of age when the adoption order is made, the leave must be taken within two years of the date of the adoption order; and
- in the case of a child with a disability or long term illness the leave may be taken right up until the child has reached 16 years of age.
If the parent has completed less than one year's continuous service by the last day for commencing parental leave but has completed three month’s service, the parent can take one week's parental leave for each complete month of service prior to the leave. In addition, the employee has the right to return to the same job at the same place of work on no less favourable terms and conditions.
Family friendly leave entitlements are very common but they tend to be a bit of a mystery for an employer as to what they can do and as to what the employee is entitled to. If you have any questions on such leave entitlements, or any other leave entitlement, then please do not hesitate to contact one of our experienced Employment Law Consultants 24 hours a day on 01 855 50 50.
