Force majeure leave

Force Majeure Leave legislation

The Parental Leave Acts 1998-2006 gives all employees a right to limited leave with pay for family crises.  This leave is called Force Majeure leave.  It may be used where, due to the injury or illness of specified relatives, the employee is immediately required o be present with that relative and cannot attend work. 

Relatives include: 

  • Parents
  • Children
  • Spouses (including common law spouses)
  • Grandparents
  • Brothers and sisters
  • Persons in a relationship of domestic dependency, including same-sex partners

Force majeure leave entitlements Q&A

  • An employee can take a maximum of three days’ Frce Majeure leave in any 12-month period, or The maximum force majeure leave that you may avail of is three days in any period of 12 consecutive months or 5 days in any period of 36 consecutive months. 

  • Disputes relating to entitlements under the Parental Leave Acts 1998-2006 (other than those to do with dismissals, redundancy or minimum notice) can be referred to a Rights Commissioner within six months of the commencement of the dispute.  The Rights Commissioner will make a decision about the dispute and if either the employer or the employee is not satisfied with this decision they may make an appeal. Appeals are made to the Employment Appeals Tribunal and must be made within four weeks of the decision. 

  •  You must notify your employer in writing as soon as possible outlining the reasons you are seeking Force Majeure leave.   

    Your Human Resource Department may have a special form for this purpose. 

  • While on Force Majeure leave you are not considered absent from work, so you retain all employment rights, including pay and superannuation benefits. 

  • Yes.  You are entitled to be paid while you are on Force Majeure leave. 

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    Catherine Hopkins

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    Catherine O'Connor

    Information Officer

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