Force Majeure Leave in Ireland: What Employers Need to Know

Force majeure leave is a short, paid statutory entitlement that lets an employee leave work at short notice when a close family member is suddenly injured or ill. This guide sets out what the law says about force majeure leave in Ireland, who counts as a family member, how many days an employee can take, and how employers can handle the paperwork. It is general information, not legal advice.

What force majeure leave is

Force majeure leave comes from section 13 of the Parental Leave Act 1998 (as amended). Under the text on the Revised Acts website, an employee is entitled to paid leave when, for urgent family reasons resulting from the injury or illness of a specified person, the employee’s immediate presence is indispensable at the place where that person is. The place can be the person’s home or somewhere else.

It is separate from parental leave, which is planned in advance. If you want to see how that entitlement works and how it differs, read our parental leave guide for employers. Force majeure leave is for the unplanned emergency.

Who counts as a family member

Section 13 lists the people for whom an employee can take the leave:

• a child of whom the employee is the parent or adoptive parent;
• the employee’s spouse, or a person with whom the employee lives as husband or wife;
• a person to whom the employee stands in loco parentis;
• the employee’s brother or sister;
• the employee’s parent or grandparent; and
• any other person who lives with the employee in a relationship of domestic dependency.

The Act explains that two people living together are in a relationship of domestic dependency if, in the event of injury or illness, one reasonably relies on the other to arrange care. It adds that the sexual orientation of the persons is irrelevant. Citizens Information (page last updated 11 August 2026) summarises the list in similar terms.

How many days can an employee take?

The Act caps force majeure leave at:

• three days in any 12 consecutive months; and
• five days in any 36 consecutive months.

The leave is made up of days the employee would otherwise have worked. The Act says that if an employee is absent for only part of a day they would have been required to work, that counts as one day of leave. So an employee who leaves at lunchtime to collect a sick child has used a full day of the entitlement.

Citizens Information notes that your contract may allow more than the statutory days, and that if extra days are given you should check whether those are paid. The statutory days are paid: the Act refers to leave “with pay” and Citizens Information says the employee is paid. The Revised Acts page does not set out a rate or a method of calculating that pay, so the sensible starting point is the employee’s normal pay for the day.

Notice and paperwork

The notice rules are different from other leave, because the paperwork comes after the leave:

• The Act says the employee must give the employer notice in the prescribed form as soon as reasonably practicable after the leave is taken. The notice must state the dates taken and the facts that entitle the employee to the leave.
• The Parental Leave (Notice of Force Majeure Leave) Regulations 1998 contain a form. The employee may use it, or a form with the same information and declaration. It covers the dates, confirmation of the urgent family reason, the relative’s details, whether injury or illness was the cause, and a signed, dated declaration.
• Citizens Information says the employee should tell the employer as soon as possible that leave is needed, then submit the application in writing on return, with their name and PPS number, the employer’s details, the dates and reasons, and their relationship to the person.
• Citizens Information adds that an employer may have its own form and that a contract may require a medical certificate. Whether your own policy can require one is a matter to check against the Act and your contract.

What force majeure leave does not cover

The leave applies to injury or illness. A Citizens Information case study (page edited 23 September 2026) makes this point with an example: an employee whose father dies suddenly asks for force majeure leave to attend the funeral, and the employer explains the leave covers only the illness or injury of a close family member, not bereavement. Citizens Information says compassionate leave may be possible depending on the contract, workplace custom and employer discretion, and the Citizens Information case study says force majeure leave gives no entitlement to leave following the death of a close family member. If you have no compassionate leave policy, one option is to agree another type of leave, such as annual leave. Our annual leave guide explains how that entitlement is calculated.

Job protection and complaints

Citizens Information states that an employee cannot be unfairly dismissed for taking force majeure leave or for asking to take it. The Workplace Relations Commission page on parental leave (shown as updated 28 May 2026) summarises the leave but, on the page we read, does not set out a complaint route or time limit for force majeure leave. If a dispute arises, check the WRC and Citizens Information pages directly rather than assuming a time limit.

A practical approach for employers

These are our suggestions, not legal requirements:

• Add it to your leave policy. Name force majeure leave, the day limits and the form so managers do not treat an emergency call as an unauthorised absence.
• Keep a running count. Because the limits run on rolling 12 and 36 month periods, a simple record of dates used makes it easy to check the balance.
• Brief managers on the part-day rule. A partial day counts as a full day.
• Keep the request light. The law puts the notice after the leave, so avoid demanding evidence as a condition of the employee leaving in an emergency.
• Be clear on bereavement. If you offer compassionate leave, say so in writing, so employees do not assume force majeure covers it.

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Frequently asked questions

How many days of force majeure leave can an employee take?

The Act allows up to three days in any 12 consecutive months and up to five days in any 36 consecutive months. A part-day absence counts as a full day.

Is force majeure leave paid?

Yes. Section 13 provides for leave with pay, and Citizens Information says the employee is paid. The Revised Acts page does not set out how pay is calculated.

Can an employee take force majeure leave when a relative dies?

Not under force majeure leave itself, which covers injury or illness. Citizens Information says compassionate leave may be available depending on the contract, workplace custom and the employer’s discretion.

Does the employee have to give notice before taking the leave?

The Act requires notice in the prescribed form as soon as reasonably practicable after the leave is taken. Citizens Information also advises telling the employer as soon as possible that leave is needed.

Do part-time employees qualify?

The pages we read do not distinguish between full-time and part-time employees. The Act measures the entitlement in days the employee would otherwise have worked.

Knowing the day limits, the part-day rule and the notice form in advance lets employers deal with a family emergency calmly and consistently.