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Force majeure leave

A family emergency

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This type of leave is by its very nature rare. It is designed to deal with an emergency situation which arises in a particular family situation. It allows the worker take leave where the immediate presence of the employee is indispensable owing to an illness or injury to a close family member.

A close family member is listed as one of the following connected to the employee:

  • The wife, husband or partner

  • A child or adopted child

  • Sister or brother

  • Parent or grandparent

  • a person for whom the worker is acting in loco parentis

  • a person in a relationship of domestic dependency with the employee

How much leave can be taken?

The most force majeure leave you can take is 3 days in any 12 month period or 5 days in a 36 month period. You are entitled to be paid and you are protected against victimisation for taking or proposing to take force majeure leave.

What steps must I take to apply for force majeure leave in Ireland?

AS it arises in an emergency situation, there is little opportunity for advance notice. You must tell your employer as soon as possible that you need to avail of this leave.

When you return to work, you must apply in writing to your employer. You should provide the following information:

  • Your name

  • Your PPS number

  • Your employer's name and address

  • The dates on which you took force majeure leave

  • The reasons why you had to take this leave

  • Your connection to the person who was ill

  • Any further information which may be required in your contract of employment

Your employer is obliged to keep a record of all absences.

 Apps clock icon  In the event of a dispute you must refer the matter within 6 months of the disagreement arising.

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