What are my FM Leave rights with step mother?

egg head

Am I entitled to Force Majeure for Mother in Law as my IMMEDIATE PRESENCE was required?

monflat

egg head wrote: »

Am I entitled to Force Majeure for Mother in Law as my IMMEDIATE PRESENCE was required?

Depends on the circumstances to be honest.
For your next of kin or children you would have to furnish doctor certs etc if one had to leave because of sickness \ illness etc.

I think it depends on your line managers too and the policy in place



In whatway did your mother in law need you?

davo10

egg head wrote: »

Am I entitled to Force Majeure for Mother in Law as my IMMEDIATE PRESENCE was required?

No.

From Citizens advice website:

Force majeure leave:

If you have a family crisis the Parental Leave Acts 1998 and 2006 give 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 or 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 - see 'How to apply' below for more details. Your employer may grant you further leave.

You are protected against unfair dismissal for taking force majeure leave or proposing to take it.

egg head

hi Monflat & Davo10,
I was refused re what Davo10 just inserted. Mum in Law in 80 s was admitted to hospital by ambulance, i stayed with her until 5 am. I had to return to hospital later that morning to bring her home, when home, Hospital rang to say that i was to bring her in straight away as she shouldn't have been discharged. so nearly all night in hospital then the following day. her 6 daughters live abroad and not close to her etc. I live near her but not with her. In situations like this I think common sense should prevail. The act doesn't state mother in law - it should be updated!! In some organisations FM is given for the in laws.

monflat

Oh god that was a bit of an ordeal nothing like the good ould doctor who discharged her when not necessary inflicting stress on her and you no doubt.

I would say if that happened in my case depending on manager they could have worked something out

Was your shift at work covered or were you classed as absent for the day.
Were your work colleagues greatly affected by your absence?

Sometimes if that happened where I work swapping a shift with someone if you have sufficient time. Or the Grantin of a few hrs hols at very very short notice can.be arranged
What. Was your managers take on all of this

egg head

hi Monflat,
not sure if colleagues were greatly affected by absence! Mangers' take on this was no no no!! take AL or build up time.

monflat

egg head wrote: »

hi Monflat,
not sure if colleagues were greatly affected by absence! Mangers' take on this was no no no!! take AL or build up time.

Right I get you my old manager would have been very accommodating with an incident like this however my new manager would be like yours it's a\L or time in lieu.

So it is very likely that force majoure is not applicable in your case here.

Stheno

monflat wrote: »

Right I get you my old manager would have been very accommodating with an incident like this however my new manager would be like yours it's a\L or time in lieu.

So it is very likely that force majoure is not applicable in your case here.

I'd be asking where are the immediate relatives of the mother in law tbh

egg head

Hi Stheno, immediate relatives don't live nearby etc. See below circular - civil service - Mother in Law is included - File Ref: E109/44/10
05 May 2010
Circular 05/2010: Force Majeure and Other Urgent Family Reasons Leave
A Dhuine Uasail
1. I am directed by the Minister for Finance to refer to the Parental Leave Acts, 1998
to 2006 and to say that the following statutory entitlements to force majeure leave
apply to civil servants. This circular also sets out the non-statutory entitlements to
other forms of leave for urgent family reasons that apply to civil servants and
supersedes all previous circulars and instructions covering these matters.1
Force Majeure leave.
2. Under the Parental Leave Acts, an officer is entitled to force majeure leave, which
is leave with pay for urgent family reasons owing to the injury or illness of an
immediate relative. Entitlement to force majeure leave is limited to circumstances
where the immediate presence of the officer is indispensable, at the place where the ill
or injured person is situated.
3. An “immediate relative” is defined for the purposes of this Circular as:
· A child or adopted child of the officer;
· The spouse of the officer which also includes a partner with whom
the officer is co-habiting, but who is not the officer’s legal spouse;
· A person to whom the officer is in loco parentis;
· A brother or sister of the officer;
· The father, step-father, father-in-law, mother, step-mother and
mother-in-law of the officer;
· The grandfather and grandmother of the officer; or
· Persons in a relationship of domestic dependency, including samesex
partners.
1 Part III of Circular 2/1976, Circular 28/1991, Annex 1 and Annex II of Circular 22/1998.
4. In determining whether an officer is entitled to force majeure leave under
paragraph 2, the following considerations apply:
· the reason is urgent when the officer has to act without delay, there is no
advance notice of the illness/injury and there is little time to plan or manage it
or to make alternative arrangements. In this sense, a scheduled hospital
appointment or a routine childhood illness would not attract force majeure
leave. An event might be urgent on the first day, but not on subsequent days if
the initial urgency has passed;
· the need for the officer’s presence is immediate when the officer’s presence
with the sick person could not have been delayed because of the
seriousness/urgency of the illness/injury. The officer had to be with or go to
the sick/injured person without any delay;
· the officer’s presence is indispensable when the situation demands the
presence of the officer. Nobody else will do, or will be able to give the
support that the sick/injured person requires.
5. These three criteria for force majeure leave must apply on each individual day for
which force majeure is requested, not just the first day.
6. Force majeure leave shall not exceed 3 days in any period of 12 consecutive
months or 5 days in any period of 36 consecutive months. An absence for part of a
day is counted as one day for the purposes of force majeure leave.
7. During an absence on force majeure leave, an officer is deemed for all purposes to
be in employment. Force majeure leave is paid leave. It cannot be treated as part of
any other leave such as sick leave, maternity leave, adoptive leave, annual leave or
parental leave to which the officer is entitled.
8. Officers who avail of force majeure leave for family emergencies should be
required to complete the notice at Appendix 1 as soon as is reasonably practicable
after the taking of such leave.
9. Departments2 should, in applying the foregoing provisions, satisfy themselves that,
in the circumstances, an application for force majeure leave is fully justified. If not,
the officer should apply for annual leave or special leave as set out below.
Paid family illness leave.
10. In the event of the serious and unforeseen illness of or injury to an officer's
immediate relative and in any case where force majeure leave has been exhausted or
does not apply, an officer may, at the discretion of the Personnel Officer, be granted
special leave with pay in any leave year up to a limit, as appropriate, of -
(a) 5 working days in the case of a spouse, partner with whom the officer is cohabiting
but who is not the officer’s legal spouse, including same-sex partner, or
child, adoptive child or child to whom the officer is in loco parentis, or
(b) 3 working days in the case of another immediate relative.
2 For "Department(s)", read “Department or Office” throughout this Circular.

Nody

//MOD

OP I've broken out your question to a separate topic as the one you replied to was 18 months old.

//MOD

InReality

Are you in the civil service ? Could contact the employee support people. Should be a list of numbers on the web.

egg head

hi inreality, no i'm public services.