Force Majeure Leave and Illness in Family Leave
Force Majeure Leave
Force Majeure Leave, is a statutory special leave with pay for urgent family reasons.
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
and
b) the immediate presence of the teacher is indispensable, to provide support at the place where the ill or injured immediate relative is located.
The immediate relatives that qualify a teacher for Force Majeure Leave are listed below:
| Relative of the Teacher | Leave Entitlement |
| Immediate Relative (as defined in the Parental Leave Act)
|
a) Maximum of 3 school days in 12 consecutive months or b) Maximum of 5 school days in 36 consecutive months |
Force Majeure Leave is not applicable to accompany a sick or injured relative to a scheduled medical appointment
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
Illness in Family Leave 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.
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 | Leave Entitlement |
| Immediate Relative
|
Maximum of 5 school days in a school year |
| Near Relative
|
Maximum of 3 school days in a school year |
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.
