Force Majeure Leave in Ireland: Your Rights and How to Apply

Last updated 9 October 2026. General information only, not legal advice.

Force majeure leave is a statutory right to paid leave under section 13 of the Parental Leave Act 1998 (as amended). 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
• A person who lives with the employee and relies on them for care

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. The Act asks for a statement of the facts rather than documents, but an employer may ask for supporting information, such as a letter from a hospital or doctor, depending on its own policy.

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.

What Force Majeure Leave Does Not Cover

It applies to the injury or illness of a close family member. If a close family member has died, the force majeure entitlement does not apply, although you may be able to take compassionate leave if your employer or contract allows it. Your employer or contract may also allow more leave than the statutory minimum.

The leave is taken in days: if you are absent for only part of a day, that still counts as one full day against your 3-day and 5-day limits. Dismissing an employee for taking force majeure leave is treated as unfair dismissal under the Unfair Dismissals Acts unless there are substantial grounds justifying it.

If you need longer-term time off to care for a child, see our guide to parental leave rights in Ireland.

Have questions about your employment leave rights? This site is not a solicitor’s practice, but you can find a regulated solicitor through the Law Society of Ireland’s Find a Solicitor directory. Also see our guides on maternity rights and redundancy in Ireland.

Frequently asked questions

Is force majeure leave paid?

Yes. The employee is entitled to leave with pay under section 13 of the Parental Leave Act 1998.

Do I have to confirm force majeure leave in writing?

Yes. You must tell your employer as soon as possible, and confirm the leave in writing when you return to work, giving the dates taken and the facts that support your entitlement. Your employer may have its own form.

How long do I have to make a complaint to the WRC?

A complaint must generally be made within 6 months of the dispute. The WRC can extend this by a further 6 months if there was reasonable cause for the delay. See our guide to making a WRC claim.

Can I take force majeure leave if a family member has died?

No. The force majeure entitlement covers injury or illness only. You may be able to take compassionate leave if your employer or contract provides for it.

This article is for informational purposes only and does not constitute legal advice.