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Can I claim Forced Majeure for absence

  • 04-11-2008 9:26pm
    #1
    Closed Accounts Posts: 15


    On Monday in work I got a call from my daughers school to say she was sick and could I come and collect her. My boss was not very happy with me but there was nothing I could do, then today (Tuesday) I was about to drop my daugher over to my mothers so I could go into work and I got a call from her to say the bedroom of her house had gone on fire, fire brigade were out etc. she was ok but very shaken so I had to ring in again and spend the day helping her (she only has me, her husband was away)

    Anyway I know my boss is going to be really p*ssed with me tomorrow, I've had such a bad run of luck lately and needed a lot of flexibility from my job, totally genuine though, hate taking the p*ss.

    My question is, could I claim forced Majeure for these 2 days even though they relate to separate things? Don't want to agrevate my boss any more than he is but he doesn't really get my situation.

    What should I do? Any advice much appreciated, thanks :)


Comments

  • Registered Users, Registered Users 2 Posts: 1,131 ✭✭✭Curvy Vixen


    The net is your friend...hope this helps..

    http://www.equality.ie/index.asp?docID=237


  • Closed Accounts Posts: 15 Yonka


    Thanks, yeah I did google it obviously but it says
    Entitlement to force majeure leave is limited to circumstances where the immediate presence of the employee, at the place where the ill or injured person is situated, is indispensable.

    So obviously that applies to my daugher but my mother wasn't "injured" although she needed me there, like does it apply to a crisis situation too, I'm slightly confused about that.

    I tried to take this before for my daugher when she was sick and I was told I couldn't cos "you have to get a phone call, calling you away to a sick person" :rolleyes: So want to be absolutely sure so I don't have to listen to Sh*te like that again!


  • Registered Users, Registered Users 2 Posts: 1,131 ✭✭✭Curvy Vixen


    That's not true Yonka ~ sure you could wake up in the morning and your child could be blue! Do you have to go to work first and let A&E call you away by phone!

    Do you have a HR department where you could bypass your immediate boss? The link I gave you is what the law says but sometimes company's interpretation of the law seems to be at their discretion especially in cases of FM :rolleyes:

    For instance some employers will ask do you actually have to be the parent attending...what about the Dad or a granny or grandad?


  • Closed Accounts Posts: 15 Yonka


    I know, crazy isn't it?! But I learned my lesson in that I have to arm myself with as much knowledge as possible. Actually I must check out my employee handbook I think I remember that having a section on FM.

    Just checked citizens info and it says something totally different:
    If you have a family crisis the Parental Leave Act, 1998 as amended by the Parental Leave (Amendment) Act 2006 (pdf) gives an employee a limited right to leave from work. This is known as force majeure leave. It arises where:
    • for urgent family reasons the immediate presence of the employee is indispensable
    • as a result of an injury to, or illness involving a close family member.

    So that mentions urgent family reasons, hmm... too many grey areas I think that's what has me all confused. Cheers for that anyway!


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