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Force majure

  • 25-05-2023 4:04pm
    Registered Users Posts: 162 ✭✭

    Just a quick one folks,

    Sadly my mums taking Ill and been kept in the hospital at the moment and we don't have a big family so it bothers me she's stuck in there with my elderly father trying to look after her, would I quality for force majure for a few days to try help out?



  • Registered Users Posts: 25,326 ✭✭✭✭coylemj

    Have you discussed this with your employer? I think that should be your first step. As opposed to going to your employer and quoting advice you got from a bunch of anonymous people on the internet.

  • Registered Users Posts: 162 ✭✭joe199

    My employer isnt the most transparent it's why I seeked advice before bringing it up with them.

  • Registered Users Posts: 16,462 ✭✭✭✭banie01

    It's very much dependent upon whether your employer agrees that your situation is one of Force Majeure. Now given that your Mam is in hospital and being cared for? Your employer may well ask what immediately pressing reason other than filial piety you have to be there.

    It would be a very harsh employer that takes that view, but not one that's unheard of. If you request Force Majeure and your employer refuses that leave? They are obligated to refuse in writing stating.

    Noone here can guess as to what your employer will do. If it is a matter of serious illness one would hope they behave reasonably. You could also discuss perhaps taking the days from your holiday allowance if more than a few days are needed.

    Hope she gets well soon.

  • Registered Users Posts: 26,056 ✭✭✭✭Peregrinus

    The statutory criterion for force majeure leave is that "for urgent family reasons, owing to an injury to or the illness of [in this case, a parent of the employee], the immediate presence of the employee at the place where the person is, whether at his or her home or elsewhere, is indispensable".

    So the question here is whether it is "indispensable" for the OP attend to his mother in hospital — for support, for comfort, for company, for reassurance. I think it would be a pretty mean-spirited employer who would argue that it is not, especially if the mother's situation is a worrying one and her diagnosis or prognosis is uncertain.

    Recognising that these situations often arise by way of emergency, the Act allows an employee simply to take the leave, and apply for it afterwards. Obviously there's a risk that the employer might disagree that, in the circumstances of a particular case, the employee was in fact entitled to FM leave. In this case the OP has some flexibility, since there is at least one other family member with whom he can share the care of his mother, so he has a chance to discuss the situation with his manager, and hopefully get an indication that the employer agrees that taking FM leave is appropriate. That should be done sooner rather than later.

    You have a statutory entitlement to 3 days' FM leave in any 12-month period, or 5 days in any 36-month period. The OP may want to take a max of 3 days now, so as to have greater capacity to take more FM leave next year or the year after, should either of his parents fall ill again.