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
Issues covered:

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

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Back to Q&A's This article is correct at 02/09/2015

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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

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