Time off for dependants

Questions we answer in this guide

• What counts as an employee emergency?
• How long can employees take off work?
• How to manage compassionate leave and bereavement?

Employees could be entitled to a reasonable amount of time off work if they unexpectedly need to take time off to support a dependant where an emergency has arisen.

A dependant is someone who relies on the employee, such as a spouse, civil partner, child, parent or person living in the employee’s house as part of their family.

This type of leave, where there is a family crisis, is often referred to as force majeure leave.

What counts as an emergency?

Examples include accidents, having a baby early, suspension of a child from school and unexpected disruption to care arrangements (including nursery arrangements).

Notice of the time off – what must the employee give you?

Employees should give as much notice to their employer as possible, but there’s no minimum notice required.

They’re entitled to take this leave regardless of how long they’ve been employed.

The notice does not need to be in writing and the employee does not need to provide you with any proof of the emergency situation.

How long can the employee take off work?

By law, an employee is entitled to take up to 3 days force majeure leave in any 12-month period, or 5 days in a 36-month period.

You are obliged to pay the employee while they are on statutory force majeure leave.

However, you are under no obligation to pay them for any leave that falls outside this period.

(You can do so, of course, and your business’ employee handbook or policy documentation that accompanies your employees’ employment contract should set out the basis on which you have opted to do this.)

However, all of the other terms and conditions of employment are unaffected.

For example, annual leave continues to accrue while the employee is absent.

And if the situation endures, you’re entitled to inform the employee that you require them to take the time off as parental leave, (meaning the employee is entitled to take up to 26 weeks in a 12-month period for these purposes while their child is under the age of 12. See our guide to parental leave for more information).

During this period, the employee must be protected against unfair treatment or dismissal.

Unfair treatment would include for example, refusing the employee training opportunities or a promotion, selecting the employee for redundancy because of the time off request(s) and refusing reasonable time off requests.

Time off when it’s not an emergency situation

Employees are not entitled to time off under these rules if they knew about the situation in advance.

So, for example, time out of the office to accompany a family member to a hospital appointment is not covered.

The employee could take this time as part of a parental leave entitlement, however.

Compassionate leave

Compassionate leave is also different.

This is where an employee takes time off work because of something that’s happened in their personal life.

This includes things like the death of a dependant or close relative (bereavement leave)

In Ireland there is no statutory entitlement to compassionate leave.

It is at the discretion of the employer.

In the absence of a legal duty to provide compassionate or bereavement leave, you must balance your duty of care towards your employees with the operational requirements of your business when deciding what to provide in terms of entitlement.

You do not need to pay for compassionate leave in emergency situations but if you do intend to do so, make sure your employee handbook and contract terms cover this.

Ensure you apply these consistently and fairly to all eligible employees.

The government have examined the issue of introducing a minimum entitlement to bereavement leave but to date no such law has ever been agreed.

Bereavement leave will apply under maternity and paternity leave if an employee loses a child under 12 or due to a still birth.