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Can I use Force Majeure leave

  • 19-08-2019 5:52pm
    #1
    Cerocco
    Registered Users, Registered Users 2 Posts: 543 ✭✭✭


    I work for a northern Irish company in the republic. To cut a long story short my son was due for surgery that was cancelled last minute but my boss made me take the annual leave I requested to be home after the surgery even after I gave her notice the surgery was cancelled. I’ve gotten a new date for the surgery and requested holidays to cover being home for his recovery even though now I will only have 3 days holidays until next March. My question is she didn’t realise I wanted the date of the surgery off which is a Friday and has approved the holidays for the following Monday to Friday. Can I use force majeure leave for the surgery day even though I know in advance I will need the day off?


Comments

  • #2
    Odelay
    Registered Users, Registered Users 2 Posts: 3,895 ✭✭✭Odelay


    As I understand it, it’s only for unexpected events where your attendance is required. Because you have advance notice I don’t believe it applies. Someone might correct me if I’m wrong.


  • #3
    Sinus pain
    Registered Users Posts: 507 ✭✭✭Sinus pain


    Force majure is for unexpected immediate leave


  • #4
    Cerocco
    Registered Users, Registered Users 2 Posts: 543 ✭✭✭Cerocco


    Thankyou. I just wanted to find out. I will use a holiday day and use the force majeure if I run out of days and need a day


  • #5
    punisher5112
    Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    It's for emergency only so say a fall, or family member needs your full assistance which was not expected.

    If your child became ill for example today before you were due to attend work then this would be what it's for and of course if there is nobody else to assist.

    Look it up on citizens info, it will explain exactly the full terms.


  • #6
    whiskeyman
    Registered Users, Registered Users 2 Posts: 12,564 ✭✭✭✭whiskeyman


    How old is your son?
    Could you take unpaid parental leave?
    I'm not that familiar with it but might be worth checking out.

    I know it's off topic, but the boss sounds v unfair.
    Any chance you could work for a better company?
    Best of luck and hope your sons surgery goes fine.


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  • #7
    gallifreya
    Registered Users Posts: 54 ✭✭gallifreya


    Cerocco wrote: »
    Thankyou. I just wanted to find out. I will use a holiday day and use the force majeure if I run out of days and need a day

    Well no - you can't. Force Majeure has a particular set criteria and cannot be used unless circumstances are urgent, unforeseen and your immediate presence is vital. In other words, if you are aware of an expected absence then you are expected to make arrangements to cover it or else use a different type of leave. What you are describing cannot be considered Force Majeure leave by either you or the employer.


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