Force Majeure Leave

Teachers 

Force Majeure Leave, is a statutory special leave with pay for urgent family reasons owing to the illness/injury of an immediate relative requiring the presence of the teacher at the place where the immediate relative is. 

Eligibility to Force Majeure Leave 

In determining eligibility for Force Majeure Leave, the specific circumstances must be: 

a) considered urgent owing to an illness/injury of an immediate relative, where the teacher has to act without delay 

b) the immediate presence of the teacher is indispensable, to provide support at the place where the ill or injured immediate relative is located. 

Immediate Relative of the Teacher 

An Immediate Relative (as defined in the Parental Leave Act) is as follows 

  • Spouse (including a cohabiting partner) 

  • Child (including adopted child, step-child and child being cared for on the basis of 'in loco parentis') 

  • Brother 

  • Sister 

  • Mother 

  • Father 

  • Grandfather 

  • Grandmother 

  • Any person in a relationship of domestic dependency (meaning the ill person shared accommodation with the teacher and also relied on them for their care) 

Force Majeure Leave is not applicable to accompany a sick or injured relative to a scheduled medical appointment 

Leave Entitlement: 

Force Majeure Leave consists of one or more school days, but must not exceed a maximum total of: 

  • 3 school days in 12 consecutive months 

    or 

  • 5 school days in 36 consecutive months. 

Illness in Family Leave for teachers 

Illness in Family Leave for teachers is a non-statutory special leave with pay. 

Eligibility to Illness in Family Leave 

In determining eligibility to Illness in Family Leave, the specific circumstances must be: 

a) in the event of the serious and unforeseen illness of, or injury to a teacher’s immediate relative /near relative and where alternative domestic arrangements cannot be made 

and 

b) in any case where Force Majeure Leave has been exhausted or does not apply. 

Entitlement 

Illness in Family Leave consists of one or more school days, but must not exceed a maximum total of: 

  • 5 school days in each school year, in respect of an immediate relative 

    or 

  • 3 school days in each school year, in respect of a near relative 

The maximum Illness in Family Leave entitlement in a school year is 5 school days. This is inclusive of the Force Majeure entitlements. 

The immediate relatives and near relatives that qualify a teacher for Illness in Family Leave are listed below. 

Relative of the Teacher 

Immediate Relative 

  • Spouse (including a cohabiting partner) 

  • Child (including adopted child, step-child and child being cared for on the basis of 'in loco parentis') 

  • Father 

  • Mother 

  • Step-father 

  • Step-mother 

  • Step-son 

  • Step-daughter 

  • Any person in a relationship of domestic dependency (meaning the ill person shared accommodation with the teacher and also relied on them for their care) 

Near Relative 

  • Brother 

  • Sister 

  • Grandfather 

  • Grandmother 

  • Uncle 

  • Aunt 

  • Niece 

  • Nephew 

  • Grandchild 

  • Mother-in-law 

  • Father-in-law 

Application Procedures 

The approval of the employer must be sought for Force Majeure Leave and Illness in Family Leave 

A teacher who avails of Force Majeure Leave or Illness in Family Leave is required to complete the Application Form at Appendix C of this Circular. The Application Form should be completed and submitted to the employer, as soon as is reasonably practicable after availing of such leave 

The employer should satisfy themselves that, in the circumstances, an application for Force Majeure Leave or Illness in Family is fully justified and can be granted. 

An employer may at their discretion, request supporting documentation, such as a medical letter to support the teacher’s application. The medical letter does not need to state the nature of the medical condition. It only needs to be a statement of fact that the person is, or was, in need of significant care or support for a serious medical reason. 

An employer may only approve Force Majeure Leave and Illness in Family Leave at the time of the illness or injury to the immediate relative or near relative. 

The first day of Force Majeure Leave and Illness in Family Leave is covered by the Supervision and Substitution Scheme. The employer may appoint a substitute teacher, paid by the Paymaster for consecutive Force Majeure Leave or consecutive Illness in Family Leave. 

For full details on Force Majeure Leave and Illness in Family Leave entitlements please refer to Circular Letter 0058/2023

Paid/unpaid for teacher 

Paid 

Cover type 

The first day of Force Majeure Leave and Illness in Family Leave is covered by the Supervision and Substitution Scheme. The employer may appoint a substitute teacher, paid by the Paymaster for consecutive Force Majeure Leave or consecutive Illness in Family Leave. 

  • Day 1 – S&S cover (CL 06/2014) 

  • Remaining days – paid substitute. 

  • Paid through OLCS  

Circular Letter 

For full details please refer to circular letter 0058/2023 

Note: The maximum Illness in Family Leave entitlement in a school year is 5 school days. This is inclusive of Force Majeure entitlement. 

Special Needs Assistants 

Force Majeure leave allows an SNA leave with pay where for urgent family reasons, owing to an injury or the illness of a family member, the immediate presence of the SNA at the place where the family member is, whether at his/her home or elsewhere, is indispensably required.  

Force Majeure leave is limited to a maximum of 3 days in 12 consecutive months, or 5 days in 36 consecutive months. School Authorities must ensure that these limits are not exceeded.  

In this context “family member” means the following; child or adoptive child, spouse/partner, a person to whom the SNA is in loco parentis, a brother or sister, a parent or grandparent or a person who resides with the SNA in a relationship of domestic dependency. 

Substitution is paid by the Department. 

Staff other than teachers or SNAs: 

Under the Parental Leave Act 1998 and the Parental Leave (Amendment) Act 2006, an employee is entitled to apply for Force Majeure Leave, which is statutory special leave with pay, for urgent family reasons. A qualifying employee may be entitled to 3 days in a 12 month period or 5 days in 36 months. 

For further information on Force Majeure leave for school secretaries covered by the terms of the 2022 WRC Agreement, please refer to Chapter Eight of Circular 0007/2024 - Leave Entitlements for School Secretaries covered by the terms of the 2022 Workplace Relation Commission (WRC) Agreement