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Q&A – Force Majeure Leave

By September 5, 2023 No Comments
Force Majeure Leave

Force Majeure leave is leave designed to allow eligible employees to take time off from work for certain urgent family situations or emergencies that are unforeseen and beyond their control.

A type of statutory leave provided under the Parental Leave Act 2019, one of the specific purposes for which this leave can be used is to deal with the death or serious illness of a close family member.

How long is the Leave available for ?

Depending on the individual and their circumstances, an eligible employee can take up to 3 days of paid leave in a 12-month period. Alternatively, they can take up to 5 days of paid leave within a 36-month (3-year) period.

Can I get any additional Force Majeure Leave?

This is entirely dependent on the employing business or organisation.

While some employers may choose to provide force majeure leave in accordance with the legal requirements, others may offer additional leave based on their company policies, employment contracts, or collective bargaining agreements.

Although employers are expected to comply with the legal requirements under the Parental Leave Act, some may have more generous leave policies, including additional bereavement leave or other forms of family leave. Employees should therefore refer to their employment contracts, company policies, or collective agreements, if applicable.

Will I be paid during my Leave?

You will continue to be paid during force majeure leave by your employer. The specific rate of pay during force majeure leave may be outlined in the employment contract or relevant company policies.

How do I notify my employer that I wish to take Force Majeure Leave?

As soon as you know you need to take force majeure leave, contact your employer or HR department. It’s essential to notify them as soon as possible, especially if you need to take leave on short notice due to the nature of the emergency.

When you notify your employer, be prepared to provide the following information:

  • The reason for the leave (e.g., the death or serious illness of a qualifying family member).
  • The expected start date and duration of the leave.
  • Any relevant details or documentation, such as a death certificate or medical information, if required.

Your employer may have more specific procedures for requesting leave, such as filling out a leave request form or submitting the request in writing. Follow these procedures as instructed by your employer.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*

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