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Force majeure leave

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  • 12-05-2015 12:07pm
    #1
    xxtippchickxx
    Registered Users Posts: 115 ✭✭


    So i got a call from the creche yesterday when i was in work that my 11month old had an accident and his eye was very bloodshot,as a result he was also after getting sick so i left work and took him to my gp who advised me keep him out of creche for the remainder of the day and for today as well,that has invovled me calling in today as well cus ive no family to mind him as they all work,my gp gave me a letter to say the child at attended him not that itll cover me but can i use this day as a Force majeure leave day,i cant take holidays as we have to take them in blocks of weeks,if his ever sick i always manage to swap hours with some-one but its not possible this time


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    #2
    _Brian
    Registered Users Posts: 18,508 ✭✭✭✭_Brian


    xxtippchickxx wrote: »
    So i got a call from the creche yesterday when i was in work that my 11month old had an accident and his eye was very bloodshot,as a result he was also after getting sick so i left work and took him to my gp who advised me keep him out of creche for the remainder of the day and for today as well,that has invovled me calling in today as well cus ive no family to mind him as they all work,my gp gave me a letter to say the child at attended him not that itll cover me but can i use this day as a Force majeure leave day,i cant take holidays as we have to take them in blocks of weeks,if his ever sick i always manage to swap hours with some-one but its not possible this time

    So in theory FM covers you for having to leave yesterday but not for today, basically your presence was absolutely essential yesterday and you couldn't have planned anyone else to be there to take care of the situation. But in theory you should have overnight arranged alternative arrangements for him to be taken care of today so you could attend work..

    Thats the theory of how FM should be applied..

    Now, most employers would allow FM for today too as its essentially the same incident.

    Also, its a few years since I studied employment law, but there had never been a successful case defended by a company blocking FM for an employee. Maybe more recently but in general it favors the employee.

    I would say ask for it as a FM day, if its point blank refused, ask for AL, if not that then maybe offer to work it back up or cover for someone's AL/sick day.


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