Governed by the Parental Leave Acts 1998-2006, force majeure leave is a statutory employee entitlement to paid time off from employment for urgent family reasons, owing to the injury or illness of a close relative.
Employer responsibilities
It's crucial for employers to recognise that they're legally obliged to grant force majeure. This is a statutory leave and should not be confused with compassionate leave.
The maximum amount of leave that can be granted is three days in any 12-month period or five days in any 36-month period. Force majeure absence for part of a day will be counted as one full day.
How do employees qualify?
There are a number of factors which must be satisfied in order for an employee to take force majeure leave. The Act states that the ‘immediate presence of the employee is indispensable’. Given the emphasis on immediate and indispensable, it's difficult to envisage a scenario where force majeure leave could last for more than one day.
If the employee had advance notice then they will not qualify to take this leave. In such circumstances, annual leave or alternative work arrangements should be assessed. The employee must also show that their presence was crucial in aiding the specified person in receiving medical attention.
For example, if a parent has to bring their child to a doctor’s appointment which they were aware of in advance, they will not qualify as force majeure.
On the other hand, if their child falls in school and breaks their arm, then the employee can prove that their immediate presence is indispensable because they need to urgently bring their child to the hospital.
It's important to note that force majeure should only be taken to aid a specified person. A specified person includes:
• A child or adoptive child of the employee.
• The spouse of the employee, or a person with whom the employee is living as husband and wife.
• A person to whom the employee is in loco parentis.
• A brother or sister of the employee.
• Persons in a relationship of domestic dependency, including same-sex partners.
• A parent or grandparent of the employee.
On return to work, the employer can request a written notice stating the facts which necessitated the taking of leave. The employer must keep records of all employees who have taken force majeure leave. These records must be retained for eight years.
Force majeure disputes will initially be heard at the Workplace Relations Commission and can be appealed to the Labour Court. A tribunal can make an award of compensation of up to 20 weeks’ pay.
An employee will not need one years’ service in order to take an unfair dismissal claim for exercising their right to take force majeure leave.
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