Parental Rights – Force Majeure Leave

Parental ie employee rights are set out in the Parental Leave Acts 1998 – 2019 at section 13 regarding force majeure leave, which states :

An employee shall be entitled to leave with pay from his or her employment, to be known and referred to in this Act as “

force majeure leave

”, where, for urgent family reasons, owing to an injury to or the illness of a person specified in subsection (2), the immediate presence of the employee at the place where the person is, whether at his or her home or elsewhere, is indispensable.

When an employee takes force majeure leave, he or she shall, as soon as reasonably practicable thereafter, by notice in the prescribed form given to his or her employer, confirm that he or she has taken such leave and the notice shall specify the dates on which it was taken and contain a statement of the facts entitling the employee to force majeure leave.

Force majeure leave shall consist of one or more days on which, but for the leave, the employee would be working in the employment concerned but shall not exceed 3 days in any period of 12 consecutive months or 5 days in any period of 36 consecutive months.

 If a dispute at work arises over this issue, a case is taken to the WRC, an adjudication officer can make a decision to grant the leave, award compensation up to 20 weeks pay or not find in the applicants favour.

Cleary & Co. Solicitors, Litigation Law Firm 

Kieran Cleary and Roger Cleary Employment Law Solicitors can help with questions you may have regarding employment law matters and our numbers are (01) 546 1121 or  (052) 612 1999 or our email address is info@clearysolicitors.com

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