An employee took force majeure leave. Should it be pro-rated to the time worked by the employee? Sometimes this employee’s hours vary – how do I calculate payment?
Posted in : First Tuesday Q&A ROI on 7 May 2014
Zelda Cunningham
Arthur Cox
Force majeure leave is an entitlement under Section 13 of the Parental Leave Acts 1998–2013 (the “Acts”) which allows an employee to take immediate paid time off from work in the event of an unforeseen injury or illness of a close family member where the presence of the employee is indispensable. Employees are entitled to up to a maximum of 3 working days in 12 consecutive months or 5 working days in 36 consecutive months.
The Acts provide that the employee is missing for part of the working day, the employee will be deemed to have taken one full day of force majeure leave. The employee should receive the pay which he/she would have received had he/she worked that day.
To calculate the rate
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 02/09/2015
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
Zelda Cunningham
Arthur Cox
The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com
View all articles by Zelda Cunningham