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Time Off

  • 10-05-2012 12:24pm
    #1
    Registered Users, Registered Users 2 Posts: 340 ✭✭


    I have to take two days off work to look after a sick child,does anyone know my entitlements as regards being paid while off?


Comments

  • Closed Accounts Posts: 4,001 ✭✭✭Mr. Loverman


    What does your contract say?
    How many days holidays have you taken so far?
    How many days holidays are you currently owed?


  • Registered Users, Registered Users 2 Posts: 4,337 ✭✭✭Bandana boy


    From citzensinformation.ie
    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 owing to an injury or illness of a close family member.

    Force majeure leave does not give any entitlement to leave following the death of a close family member.

    A close family member is defined as one of the following:

    A child or adopted child of the employee
    The husband/wife/partner of the employee
    Parent or grandparent of the employee
    Brother or sister of the employee
    Person to whom the employee has a duty of care (that is, he/she is acting in loco parentis)
    A person in a relationship of domestic dependency with the employee, including a same-sex partner (since 18 May 2006)
    Persons of any other class (if any) as may be prescribed

    The maximum amount of leave is 3 days in any 12-month period or 5 days in a 36-month period. You are entitled to be paid while you are on force majeure leave.

    Now I know only one parent at a time can claim Force Majeure


  • Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    It arises where, for urgent family reasons, the immediate presence of the employee is indispensable owing to an injury or illness of a close family member.

    I'm not sure that covers caring for a sick child at home - I think it's more for emergency situations. This could just be an annual leave situation.


  • Registered Users, Registered Users 2 Posts: 4,337 ✭✭✭Bandana boy


    Eoin wrote: »
    I'm not sure that covers caring for a sick child at home - I think it's more for emergency situations. This could just be an annual leave situation.

    I know i have seen FM used for "my kid is sick can not go to school and i haven't/can't get a minder"
    But that could just be my company being flexible with staff/ family friendly


  • Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    Where i work it must be the case that you and only you must be with you child at this moment in time ie, child taken into hospital


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  • Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble


    OP, unless the Force whats it thing applies, then it all comes down to your employment contract.

    Maybe you have paid sick leave. And maybe you're allowed to use it to care for dependants.

    Or maybe you don't. In that case, you may be allowed to use annual leave so that you get paid for the days. Or maybe you have to take unpaid leave, and discuss getting sickness benefit from Welfare (though I have no idea if it applies for sick dependants.)

    Whether it will have any long term consequences for you will depend on whether your employer is a "this certificate explains but does not excuse your absence" type of company or not.


  • Registered Users, Registered Users 2 Posts: 207 ✭✭vikingdub


    From citzensinformation.ie


    Now I know only one parent at a time can claim Force Majeure

    You cannot avail of Force Majeure for the situation the op describes.


  • Registered Users, Registered Users 2 Posts: 25,038 ✭✭✭✭Wishbone Ash


    If you are going to take certified sick leave, bear in mind that many employers won't accept a cert with "sick child". The cert has to apply to the employee.

    We can't accept certs we get relating to sick children but, where appropriate, will discreetly request the employee to request that their doctor issue a new cert stating that the employee is unfit for duty.


  • Registered Users, Registered Users 2 Posts: 4,337 ✭✭✭Bandana boy


    vikingdub wrote: »
    You cannot avail of Force Majeure for the situation the op describes.

    Because ?

    Looking after an ill child is pretty much exactly what FM is for.
    One might argue that knowing in advance of the illness/episode would give you time to make arrangements where as ringing on the day of an issue where arrangements might not be possible to make , FM would come into play.

    As I said, I have seen FM used for my kid has the flu in a previous company.


  • Registered Users, Registered Users 2 Posts: 1,260 ✭✭✭Irish_Elect_Eng


    FM only applies to unexpected situations, if you know in advance that you will need the time off the expectation would be that you take annual leave or make an alternate arrangement for childcare.


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