Force Majeure Leave entitlement

chris_john_lane

Hi my father was recently in an accident which eventually resulted in his death the following day. I would like to ask if I'm entitled to force majeure leave? I am a relief worker in the position I am in and I was due to do a shift on a Sunday with the accident happening the previous day. I do not have a contract but I have been working in this position as a relief worker for a year. I have also been working regularly, sometimes full time hours. From what I have read I should be entitled to 3 days leave. Any advice please?

Pro Hoc Vice

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/types_of_leave_from_work.html

Compassionate leave
If a member of your close family dies you have no entitlement to force majeure leave. Other compassionate leave not covered by force majeure leave will depend on your employment contract, custom and practice within your workplace or the employer's discretion.

http://www.irishstatutebook.ie/1998/en/act/pub/0030/sec0013.html#sec13

chris_john_lane

Yes but originally I was out of work because he was in an accident, he then passed away that night.

infosys wrote: »

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/types_of_leave_from_work.html

Compassionate leave
If a member of your close family dies you have no entitlement to force majeure leave. Other compassionate leave not covered by force majeure leave will depend on your employment contract, custom and practice within your workplace or the employer's discretion.

http://www.irishstatutebook.ie/1998/en/act/pub/0030/sec0013.html#sec13

Pro Hoc Vice

chris_john_lane wrote: »

Yes but originally I was out of work because he was in an accident, he then passed away that night.

What does your contract say about such leave, or what is their company policy. Or have you asked your line manager if you can have the required time off. I know of no company that would not give time off for a funeral.

Sorry to hear of your loss.

denis160

Did you let your employer know when you returned to work? I think that is an important part of taking that leave:

Force majeure leave: you must notify your employer as soon as practicably possible that you need to avail of force majeure leave. Immediately on your return to work, you must make your application in writing to your employer. Your application in writing should include your name, PPS No., name and address of your employer, date(s) on which you took force majeure leave and reasons why, and your relationship to the person who was injured or ill. Your contract of employment may require you to provide a medical certificate.

chris_john_lane

The problem is I don't have a contract. I have read the employee handbook which refers to compassionate leave but not this type of leave. I will talk to my line manager as I feel It was a family emergency due to the accident which resulted in his death.

Pro Hoc Vice

chris_john_lane wrote: »

The problem is I don't have a contract. I have read the employee handbook which refers to compassionate leave but not this type of leave. I will talk to my line manager as I feel It was a family emergency due to the accident which resulted in his death.

If the hand book does not define compassionate leave, your situation would be the very definition of such leave. What does the handbook say about compassionate leave.

chris_john_lane

Compassionate leave is for a death in your family, 3 days off. But no mention of forced majeure leave. I think I should be entitled to that as I did not go into work on the day as a result of an accident, I was in hospital all day and then he passed away that night

infosys wrote: »

If the hand book does not define compassionate leave, your situation would be the very definition of such leave. What does the handbook say about compassionate leave.

Pro Hoc Vice

chris_john_lane wrote: »

Compassionate leave is for a death in your family, 3 days off. But no mention of forced majeure leave. I think I should be entitled to that as I did not go into work on the day as a result of an accident, I was in hospital all day and then he passed away that night

Force majeure leave is 3 days, I would think in light of the situation you have a statutory right to such days. Also according to the company you have an extra entitlement to 3 days for compassionate leave. Depending on how the company looks at it that's either 4 days or 6. I would think in light of the circumstances 6 days may be expected. But best if you are up to it to contact line manager or HR to clarify.

chris_john_lane

My colleague who is full time with a contract received compassionate leave. As far as I no I'm not entitled to that as I'm not full time. But force majeure leave I should be, anyway I'll just ask I suppose!

infosys wrote: »

Force majeure leave is 3 days, I would think in light of the situation you have a statutory right to such days. Also according to the company you have an extra entitlement to 3 days for compassionate leave. Depending on how the company looks at it that's either 4 days or 6. I would think in light of the circumstances 6 days may be expected. But best if you are up to it to contact line manager or HR to clarify.