Coláiste Mhuire Gan Smál
MARY IMMACULATE COLLEGE
POLICY ON FORCE MAJEURE LEAVE
1.1 This policy document is based on and written in accordance with the terms of the
Parental Leave Act 1998.
1.2 Force Majeure Leave is allowed under Section 13, Part Two of the Parental Leave
1.3 This policy replaces the previous College Policies on Force Majeure Leave.
2. ELIGIBILITY FOR FORCE MAJEURE LEAVE
2.1 Force Majeure Leave is only allowed for urgent family reasons, owing to injury or
(i) child or adoptive child
(ii) spouse or person with whom s/he is living as husband or wife
(iii) a person to whom s/he is in loco parentis
(iv) a brother or sister
(vi) persons in a relationship of domestic dependency, including
2.2 In accordance with the Act, Force Majeure Leave must be for the following reasons:
(i) The absence from work must be for urgent family reasons
(ii) These urgent family reasons must be owing to the illness/ injury of an
immediate family member (specified in the Act and at 2.1 above)
(iii) The employee's presence at the side of the ill or injured party must be
(iv) The absence from work must be unplanned and unforeseen.
2.3 In accordance with the Act, an employee has no automatic entitlement to Force
2.4 It is a matter for the College to decide on the individual merits of each Force
Majeure leave application.
2.5 Leave granted as Force Majeure Leave is paid leave.
3. AMOUNT OF FORCE MAJEURE LEAVE ALLOWED
3.1 The Maximum Paid Leave is allowed as follows:
• no more than 3 days in any 12 consecutive months
• no more than 5 days in any 36 consecutive months
3.2 In accordance with the Act, an absence for part of a day is counted as one full day.
4. HOW TO APPLY FOR FORCE MAJEURE LEAVE
4.1 As soon as reasonably practicable after his/her return to work, an employee must
notify the Human Resources Manager that s/he wishes to have his/her absence
counted as Force Majeure Leave.
4.2 This notification must be made by using the Force Majeure Leave Application
4.3 In making such an application, the employee must ensure that the application is in
keeping with the provisions outlined in Sections 2.1 and 2.2 of this policy.
5.1 The Human Resources Manager, on behalf of the College, will decide on the merits
of the force majeure leave application.
5.2 This decision will be notified in writing to the applicant.
5.3 The decision of the Human Resources Manager may be appealed in writing to
Coiste Bainistíochta an Choláiste (CBC). This appeal must state the reason(s) as to
why the decision is being appealed.
6. EMPLOYEE RIGHTS
6.1 While on Force Majeure Leave, an employee retains all employment rights because
this leave cannot be treated as any part of other leave to which employee is entitled.
7.1 The College must keep a record of Force Majeure Leave taken by employees,
specifying the period of employment of each employee and the dates and times of
leave taken. These records must be retained for 8 years.
- October 2007