Know Your Rights

FORCE MAJEURE LEAVE

Question: I left work early because my grandmother fell ill suddenly. Can I take a half-day as force majeure leave?

Answer: If you are absent for only part of a day on grounds of force majeure, it may still be counted as a full day of force majeure leave.

If you have a family crisis, the Parental Leave Acts 1998 and 2006 give an employee a limited right to leave from work. Force majeure leave is paid leave that is granted to an employee and it arises where, for urgent family reasons, the immediate presence of the employee is indispensable owing to the injury or illness of a close family member. In general it should not be leave that an employee could plan for. You can obtain force majeure leave in relation to the illness or injury of:

Your natural or adopted child (or a child you are acting in loco parentis for) Your spouse or partner (provided you are living together )Your brother or sister Your parent or grandparent Another person who resides with you in a relationship of domestic dependency You are entitled to up to three days of force majeure leave in any 12-month period or five days in any 36-month period.

If you are taking force majeure leave, you must notify your employer as soon as possible and make an application in writing as soon as you return to work. This must include the date of the leave, the reasons it was necessary and your relationship to the injured or ill person. The notice must also be signed by you as the employee.

You are protected against unfair dismissal for taking force majeure leave or for proposing to take it. If you have a dispute regarding force majeure leave, you should make a complaint to the Workplace Relations Commission within six months of the dispute. The time limit may be extended for up to a further six months if there is a substantial cause that prevents the complaint being brought within the normal time limit.

Further information is available from the Citizens Information Centres: Killarney - 0761 07 7820 Email: killarney@citinfo.ie; Tralee - 0761 07 7860 Email: tralee@ citinfo.ie; Caherciveen - 0761 07 7780 Email: caherciveen@citinfo.ie; Kenmare - 0761 07 7810 Email: kenmare@citinfo.ie; Killorglin - 0761 07 7830 Email: killorglin@citinfo.ie; Listowel - 0761 07 7840 Email: .listowel@citinfo.ie