Posted on
02 March 2010, under
Money & Legal; More Money & Legal articles...
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Force Majeure leave is an entitlement to paid leave for employees in crisis situations in relation to family member or relation, where the employee is urgently required to leave or be absent from work. The entitlement to this leave is outlined in the Paternal Leave Act 1998.
What Members Of The Extended Family Are Covered?
The following relations of the employee are covered under the definition as being:
- Children (natural & adoptive)
- Spouse or partner (living as husband and wife)
- Persons in loco parentis (persons in day-to-day) control of a child)
- Brother or sister
- Parent or grandparent
Under the Parental Leave (Amendment) Act 2006, force majeure leave has now been extended to include persons in a relationship of domestic dependency, including same-sex partners.
How Much Time Off Can I Have?
The maximum time allowable is 3 days in any pre-defined consecutive 12-month period (one year) or 5 days in any period of 36 consecutive months (three years). Any part of a day taken is defined as one full day.
What Is The Procedure For Requesting Leave?
Notice should be given in writing either immediately before or after such leave, clearly specifying dates requested and a summary of the reason why it is requested. If disputes arise, an employer may request medical certificates containing the particulars of the injury or illness, and the length of incapacity of the relevant person.
Is Force Majeure Leave Counted As Continuous Employment?
Yes. The employee is deemed to be in full employment during the leave and all employment rights are intact.
My Employer Has Informed Me That My Old Job Will NOT Be Available When I Return From Force Majeure Leave. What Are My Rights?
If it is not reasonable for the employer to allow an employee return to the position they held prior to the commencement of such leave, the employer must offer the employee a suitable alternative employment under a new contract of employment. The new terms must not be substantially less favourable in comparison to their old position.
What If No Job Exists At All Upon My Return To Work, Nor Any Reasonable Prospect Of One? What Can I Do?
An employee who is not entitled to return to work shall be deemed to be dismissed (under the Unfair Dismissals Act 1977 – 2001). In either case the employee may wish to take appropriate action.
Is Compassionate Leave The Same As Force Majeure Leave? Can They Be Used Interchangeably?
No. Force majeure leave is only allowable in urgent or crisis situations in relation to the medical condition of a family member or relation, where the employers help is required. Unfortunately, force majeure leave cannot be used after the death of a family member or relative. There is no employment legislation in relation to the agreed paid time off for the death of a family member.
Andrew McCann
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