Status: Policy - overall statement of the position, intention and Policy No:
HRP19
2/March 2015
direction of the organisation anchored in the values and Version No:
Date Approved: March 2015
principles of the organisation
Review Date:
March 2017
Title:
Force Majeure Leave Policy & Notification Form
Written by:
Human Resources Team
Approved by:
Head of Human Resources
Cross Reference:
General Attendance Policy, Employee Handbook and Annual Leave & Public Holiday Policy and
Procedures.
1. Purpose
The purpose of this policy is to set out Cheshire Ireland’s rules and procedures in relation to the application
for and granting of Force Majeure leave. This policy sets out Cheshire Ireland’s obligation and employee's
rights under the Parental Leave Act, 1998-2006 in relation to Force Majeure leave.
2. Scope
All employees are entitled to Force Majeure leave. There is no service requirement for an employee to
take Force Majeure leave.
3. Definition
Force Majeure means "superior force", also known as "chance occurrence, unavoidable accident”.
4. Force Majeure Leave
Force Majeure leave is provided for in Section 13 of the Parental Leave Act 1998 -2006. Force Majeure
leave is paid leave.
The immediate family members covered by the Act include:
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a child/adoptive child of the employee
a spouse or person with whom the employee is living as husband and wife
a person to whom the employee is in loco parentis
a brother or sister of the employee
a parent or grandparent of the employee
a person who resides with the employee in a relationship of domestic dependency
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Force Majeure Leave Policy HRP09
2/March 2015
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4.1 Domestic dependency defined:
A person who resides with an employee is taken to be in a position of domestic dependency with the
employee if, in the event of injury or illness, one reasonably relies on the other to make arrangements for
the provision of care.
5. Duration of Force Majeure Leave
Force Majeure leave must not exceed 3 working days in any period of 12 consecutive months or 5 working
days in any period of 36 consecutive months. Absence of part of a day is counted as one day’s Force
Majeure leave.
6. Protection of Employment Rights
During an absence on Force Majeure leave an employee is regarded as being in the employment of
Cheshire Ireland, and retains all of his or her employment rights. Force Majeure leave cannot be treated as
part of any other leave (e.g., sick leave, adoptive leave, maternity leave, annual leave or parental leave) to
which the employee is entitled.
7. Notification Requirements
An employee who wishes to avail of Force Majeure leave is required to contact their Line Manager, or
approved designate, to verbally notify of their need to take Force Majeure leave. Upon the employee’s
return to work, the Line Manager, or the approved designate, will meet with the employee to complete the
FML 1 form (Notice of Force Majeure Leave Form). This meeting will provide the Liner Manager or
approved designate the opportunity to establish whether the absence meets the requirements of Force
Majeure leave.
8. Force Majeure Leave in Practice
Entitlement to Force Majeure leave is limited to situations where the immediate presence of the employee
is essential at the place where the ill or injured family member, as defined in Section 4, is located.
Ultimately it is the unforeseen and sudden nature of the illness or condition which will dictate the right to
take Force Majeure leave.
9. Force Majeure Leave in the Event of Death
Force Majeure leave specifically excludes bereavements. There is no entitlement to paid time off resulting
from a family bereavement under the Parental Leave Act, 1998-2006. In the unfortunate event of
bereavement an employee may be entitled to receive Compassionate Leave. Please refer to the
General Attendance Policy for details.
10. Evidence
Cheshire Ireland may seek appropriate independent evidence from an employee who has submitted a
Notice of Force Majeure Leave Form.
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11. Abuse of Leave
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Employees are required and expected to follow the policy for Force Majeure Leave.
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Force Majeure leave must not be inappropriately taken or, more seriously, taken by an employee in
circumstances which were not genuine or, more seriously still, taken under false pretences.
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It will be considered gross misconduct for an employee to undertake any other paid employment whilst
absent on Force Majeure Leave and may result in disciplinary action under the Disciplinary Procedure.
If you have any questions about the Cheshire Ireland Force Majeure Leave Policy, please contact
your direct Line Manager/approved designate or alternatively contact the HR Department in Central
Office, Dublin.
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Notice of Force Majeure Leave Form (FML 1)
PART A: TO BE COMPLETED BY THE EMPLOYEE
This form must be completed by an employee who takes Force Majeure Leave as soon as
reasonably practicable after the leave is taken.
Name of Employee :
Cheshire Centre :
Name & address of injured / ill person:
Relationship to employee:
Nature of injury / illness & reasons why
employee took the leave:
Date (s) of Force Majeure leave:
I confirm that I have taken Force Majeure leave on the above mentioned date (s) because for urgent family
reasons, owing to the injury to / illness of the person specified above, my immediate presence at that
Person’s address was indispensable.
DECLARATION
I declare that the information given above is true and complete.
________________________________
Signed: (Employee)
Document Name:
Document Version:
Date: ____________________________________
Force Majeure Leave Policy HRP09
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PART B: TO BE COMPLETED BY THE LINE MANAGER OR APPROVED DESIGNATE
Application Approved
Application Refused
COMMENTS (if application is refused, state reason)
Signature of Line Manager/ Approved Designate:
Date: __________________
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