Status: Policy - overall statement of the position, intention and direction of the organisation anchored in the values and principles of the organisation Title: Force Majeure Leave Policy & Notification Form Policy No: HRP19 Version No: 2/March 2015 Date Approved: March 2015 Review Date: March 2017 Written by: Human Resources Team Approved by: Head of Human Resources Cross Reference: General Attendance Policy, Employee Handbook and Annual Leave & Public Holiday Policy and Procedures. 1. Purpose The purpose of this policy is to set out Cheshire Ireland s rules and procedures in relation to the application for and granting of Force Majeure leave. This policy sets out Cheshire Ireland s obligation and employee's rights under the Parental Leave Act, 1998-2006 in relation to Force Majeure leave. 2. Scope All employees are entitled to Force Majeure leave. There is no service requirement for an employee to take Force Majeure leave. 3. Definition Force Majeure means "superior force", also known as "chance occurrence, unavoidable accident. 4. Force Majeure Leave Force Majeure leave is provided for in Section 13 of the Parental Leave Act 1998-2006. Force Majeure leave is paid leave. The immediate family members covered by the Act include: a child/adoptive child of the employee a spouse or person with whom the employee is living as husband and wife a person to whom the employee is in loco parentis a brother or sister of the employee a parent or grandparent of the employee a person who resides with the employee in a relationship of domestic dependency Document Version: 2/March 2015 Page 1 of 5
4.1 Domestic dependency defined: A person who resides with an employee is taken to be in a position of domestic dependency with the employee if, in the event of injury or illness, one reasonably relies on the other to make arrangements for the provision of care. 5. Duration of Force Majeure Leave Force Majeure leave must not exceed 3 working days in any period of 12 consecutive months or 5 working days in any period of 36 consecutive months. Absence of part of a day is counted as one day s Force Majeure leave. 6. Protection of Employment Rights During an absence on Force Majeure leave an employee is regarded as being in the employment of Cheshire Ireland, and retains all of his or her employment rights. Force Majeure leave cannot be treated as part of any other leave (e.g., sick leave, adoptive leave, maternity leave, annual leave or parental leave) to which the employee is entitled. 7. Notification Requirements An employee who wishes to avail of Force Majeure leave is required to contact their Line Manager, or approved designate, to verbally notify of their need to take Force Majeure leave. Upon the employee s return to work, the Line Manager, or the approved designate, will meet with the employee to complete the FML 1 form (Notice of Force Majeure Leave Form). This meeting will provide the Liner Manager or approved designate the opportunity to establish whether the absence meets the requirements of Force Majeure leave. 8. Force Majeure Leave in Practice Entitlement to Force Majeure leave is limited to situations where the immediate presence of the employee is essential at the place where the ill or injured family member, as defined in Section 4, is located. Ultimately it is the unforeseen and sudden nature of the illness or condition which will dictate the right to take Force Majeure leave. 9. Force Majeure Leave in the Event of Death Force Majeure leave specifically excludes bereavements. There is no entitlement to paid time off resulting from a family bereavement under the Parental Leave Act, 1998-2006. In the unfortunate event of bereavement an employee may be entitled to receive Compassionate Leave. Please refer to the General Attendance Policy for details. 10. Evidence Cheshire Ireland may seek appropriate independent evidence from an employee who has submitted a Notice of Force Majeure Leave Form. Document Version: 2/March 2015 Page 2 of 5
11. Abuse of Leave Employees are required and expected to follow the policy for Force Majeure Leave. Force Majeure leave must not be inappropriately taken or, more seriously, taken by an employee in circumstances which were not genuine or, more seriously still, taken under false pretences. It will be considered gross misconduct for an employee to undertake any other paid employment whilst absent on Force Majeure Leave and may result in disciplinary action under the Disciplinary Procedure. If you have any questions about the Cheshire Ireland Force Majeure Leave Policy, please contact your direct Line Manager/approved designate or alternatively contact the HR Department in Central Office, Dublin.. Document Version: 2/March 2015 Page 3 of 5
PART A: TO BE COMPLETED BY THE EMPLOYEE Notice of Force Majeure Leave Form (FML 1) This form must be completed by an employee who takes Force Majeure Leave as soon as reasonably practicable after the leave is taken. Name of Employee : Cheshire Centre : Name & address of injured / ill person: Relationship to employee: Nature of injury / illness & reasons why employee took the leave: Date (s) of Force Majeure leave: I confirm that I have taken Force Majeure leave on the above mentioned date (s) because for urgent family reasons, owing to the injury to / illness of the person specified above, my immediate presence at that Person s address was indispensable. DECLARATION I declare that the information given above is true and complete. Signed: (Employee) Date: Document Version: 2/March 2015 Page 4 of 5
PART B: TO BE COMPLETED BY THE LINE MANAGER OR APPROVED DESIGNATE Application Approved Application Refused COMMENTS (if application is refused, state reason) Signature of Line Manager/ Approved Designate: Date: Document Version: 2/March 2015 Page 5 of 5