Force Majeure Leave in Ireland: Your Rights and How to Apply
Force majeure leave is a statutory right to paid leave under the Parental Leave Acts 1998 and 2019. It arises where an employee must be absent from work due to an urgent family emergency — specifically where their immediate presence is indispensable owing to an injury or illness of a close family member.
When Does It Apply?
The two key requirements are: a close family member has been injured or is ill, and your immediate presence is indispensable. It does not apply to routine childcare issues or non-urgent medical appointments — the situation must be urgent and your presence genuinely essential.
Which Family Members Are Covered?
- A child (including adopted children)
- Spouse or civil partner
- A person the employee lives with as husband and wife
- Parent or grandparent
- Brother or sister
- A person to whom the employee is in loco parentis
How Many Days?
- Up to 3 days in any 12 consecutive months
- Up to 5 days in any 36 consecutive months
Force majeure leave days are paid at your normal rate of pay.
How to Apply
Notify your employer as soon as reasonably practicable and provide the reason. On return to work, confirm the leave in writing stating the date and reason. Your employer may request evidence such as a letter from a hospital or doctor.
Can Your Employer Refuse?
An employer cannot refuse force majeure leave where the statutory conditions are genuinely met. If refused or penalised, you can refer a complaint to the WRC.
Have questions about your employment leave rights? Book a 30-minute consultation with one of our employment solicitors. Also see our guides on maternity rights and redundancy in Ireland.
This article is for informational purposes only and does not constitute legal advice.
