Covid-19 & Force Majeure Leave

The Parental Leave Acts 1998 – 2019 provides a legal right to employees to take leave in urgent circumstances, such as urgent family reasons, owing to an injury or illness of a specified person.

This leave from employment is called Force Majeure leave.

In essence an employee needs to be at home to look after a person, which may be needed to be availed of now by more employees in the current crises.

covid 19 force majeure

Is this leave period entitlement with Pay

Yes, the legislation specifically states that this leave period entitlement is provided ‘’with pay’’.

Who is a Specified Person under the legislation?

The persons for whom the employee must be taking care of are either:

  1. a person of whom the employee is the parent or adoptive parent;
  2.  the spouse of the employee or a person with whom the employee is living as husband or wife;
  3. a person to whom the employee is in loco parentis;
  4.  a brother or sister of the employee;
  5. a parent or grandparent of the employee, and
  6.  a person other than one specified in any of paragraphs (a) to (e), who resides with the employee in a relationship of domestic dependency. 

The employee who takes the Force Majeure leave must give the employer Notice with the dates and a statement of facts regarding why the leave is necessary. Your employer might have a specific Force Majeure Leave form you can fill out.

Leave Period Entitlement

This is 3 days leave in a 12 month period or 5 days leave in a 36 month consecutive period.

Teachers & Force Majeure Leave Entitlements

Teachers rights in this regard can see seen and read in Circular 0032/2007


Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute. Legal advice should be sought from a solicitor prior to relying on anything in this article.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

Covid-19 & Force Majeure Leave

Employment Law Articles

Roger Cleary

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