Force Majeure Leave
Force Majeure Policy
1. It is the policy of this university to comply with all requirements under the Parental Leave Act 1998 and Parental Leave (Amendment) Act 2006. Force Majeure Leave is defined in this Act as an employee's entitlement to paid time off for urgent family reasons owing to illness or injury.
2. UCC employees under a contract of employment are entitled to Force Majeure Leave.
3. Employees are entitled to up to three (3) days' paid Force Majeure Leave in a twelve (12)-month period or no more than five (5) days in a thirty-six (36)-month period. Part days absent will be regarded as one (1) day. In accordance with legislation, a day is deemed to be the period of work for which the employee was rostered on that occasion.
4. An employee wishing to take Force Majeure Leave may do so in respect of: A parent or grandparent Spouse/partner, including same-sex partner Brother/sister Child/adopted child A person to whom the employee is in loco parentis A person who resides with the employee in a relationship of domestic dependency
5. The university acknowledges that it is not feasible for employees to give notice requesting Force Majeure Leave, as it is designed to cater for emergencies only. However, as soon as is practical, a formal notice outlining a summary of the facts should be recorded and given to the relevant Manager/Supervisor/Department Head.
6. All matters appropriate to reasons for this type of leave, and any relevant documentation will remain strictly confidential.
7. Force Majeure Leave is intended to provide paid leave, in the event that a member of an employee's family has suffered an illness or injury and the employee's presence is urgently required. By its nature, a request for Force Majeure Leave will be as a result of unforeseen circumstances. Force Majeure Leave cannot be notified in advance.
8. Employees and Managers are entitled to refer a dispute to the internal grievance procedure in place in the University.
9. Employees found to be abusing this leave may be subject to the University's Disciplinary Procedure.
10. On the day in question, the employee should notify their Supervisor/Head of Department/Manager as early as possible of their intention to take Force Majeure Leave and the reasons for it.
11. As soon as practical, five (5) working days after the employee's return to work, the Force Majeure Leave application form ( FM1) should be completed and submitted to the relevant Supervisor/Head of Department/Manager for approval. In addition, for audit reasons, evidence of the family emergency must be supplied. This will normally be a medical certificate from the doctor attending the family member, outlining the nature of the injury or illness and confirming that the employee's presence was urgently required. In emergency situations, the medical certificate will be selfexplanatory.
12. Once completed, a copy of the form should be sent to the Manager, Dept of Human Resources.
13. Pending approval for granting Force Majeure Leave, the employee's absence will be entered as Force Majeure Leave under the Leave Management Scheme. However, should it be found that the reasons for the leave do not comply with the terms set out in this policy, the employee will be required to forfeit Annual Leave or no pay for the period of leave taken.
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