Entitlements for husband of a miscarriage victim.

mattym

My wife has recently had a miscarriage, and i had to take some time off work. Does anyone know if i am entitled to any time off or should it be taken at my own expense? This sounds like a cold question i know but i need to know where i stand before i talk to the boss! Thanks

Bagel

Sorry about that. Regarding leave - I got this from the Siptu website.

What Is Force Majeure Leave?

An employee is entitled to paid leave from their employment for urgent family reasons owing to the injury or illness of certain family members.
An employee can take Force Majeure Leave for –

a maximum of three (3) days in any consecutive twelve (12) month period;

or five (5) days in any consecutive period of thirty six (36) months.
What Are The Circumstances Under Which Force Majeure Leave Applies?

Entitlement to Force Majeure Leave is limited to circumstances where the immediate presence of the employee at the place where the ill or injured person is situated, is indispensable. Employers have strongly resisted this entitlement and have taken an extraordinarily narrow view of this phrase ‘indispensable’, often winning cases before industrial relations tribunals. Trade unions have, however, succeeded in gaining a more enlightened and informed view of the phrase and it is well worth consulting the Union when contemplating bringing a case when the employer has resisted payment.
Are An Employee’s Employment Rights Guaranteed When They Are On Force Majeure Leave?
Yes. While on Force Majeure Leave an employee is regarded as being in the employment and retains all employment rights.
Force Majeure Leave is paid leave and cannot be treated as part of any other leave – such as Sick Leave, Adoptive Leave, Maternity Leave or Parental Leave – to which the employee is entitled.
Who Are The Persons For Whom Force Majeure Leave May Be Taken?

The persons for whom Force Majeure Leave may taken are –

a child or adoptive child of the employee;

a spouse or partner with whom the employee is living as husband and wife;

a person to whom the employee is in loco parentis (in place of the parent);

a brother or sister of the employee;

a parent or grandparent of the employee.
Must Force Majeure Leave Be Notified To The Employer?

By its nature, Force Majeure Leave cannot be notified in advance. But, as soon as reasonably practicable after their return to work, an employee should confirm in writing to the employer that they have taken such leave.
A Form for this purpose is available from the Department, prescribed in the Parental Leave (Notice Of Force Majeure Leave) Regulations, 1998, SI 454.
What Happens If An Employee Takes Force Majeure Leave During A Work Day?

Any time spent on Force Majeure Leave in any day counts as one day’s Force Majeure Leave.

Hope this is of use to you.

mattym

Thanks bagel, i'm not part of a union so i presume its down to the boss, would you agree? i'm doomed if thats the case!!!

Trinity

This sounds awful and i am so sorry about what happened but as far as i know it also depends how far into the pregnancy when miscarriage took place. After a certain number of weeks (24?) it is classed as a still born child (i'm so sorry if this is upsetting)

Talk to your boss, surely they will give you a few days paid leave under the circumstances? I'm not sure you have to be in a union to avail of force majeure.

mikemac

Trinity1 wrote: »

Talk to your boss, surely they will give you a few days paid leave under the circumstances? I'm not sure you have to be in a union to avail of force majeure.

It's an entitlement so you'll get it even if you aren't in a union.
Go talk to your boss and if they are unreasonable then time to contact the state agencies

killwill

Hi OP, I am very sorry to hear about your troubles. As far as Force Majeure goes. You are entitled to it but whether you are paid or not is at the employers discretion