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Rights and Entitlements Force Majeure leave
Force Majeure leave
The Parental Leave Act also makes provision for force majeure leave.
An employee is entitled to leave with pay, i.e. force majeure leave, where, owing to an injury to or an illness of a family member, the immediate presence of the employee is required at the place where the family member is.
This leave is granted only in the most compelling and unforeseen of circumstances as, ultimately, it is the unforeseen and sudden nature o the illness or condition which will dictate the right to take force majeure leave.
Routine illnesses of small children, other relevant immediate family members, child minders and the like inevitably happen from time to time and are not covered by force majeure leave.
There is no minimum service requirement for entitlement to force majeure leave. It may be granted in respect of the following persons:
•A person of whom the employee is the parent or adoptive parent
•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
- extension of force majeure provisions to include persons in a relationship of domestic dependency, including same-sex partners.
The maximum force majeure leave that may be availed of is three days in 12 consecutive months or five days in 36 consecutive months.
An application form must be completed in respect of force majeure leave outlining the facts that entitle the employee to avail of this leave.
How do I apply?/Line Managers Procedure
STEPS TO TAKE
1. Application for Force Majeure Leave is made and approved locally on HR-Form 25 .
2. Before approving check dates and details supplied.
3. The decision must be approved by the appropriate delegated officer.
4. Forward a copy of decision to Personnel Administration , Eastern Health Shared Services immediately on approving same.
5. A further copy should be submitted to Payroll Department
6. Write to applicant advising that the leave has been approved
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