In our previous article we covered the ins and outs of Annual Leave. In this issue, let’s take a look at other leaves employees are entitled to. There are continuous legislative changes that you must be aware of as an employer.
In today’s fast-paced work environment, ensuring employees are aware of their leave entitlements is more crucial than ever. While annual leave often takes centre stage in discussions about work-life balance, there are several other types of leave that employees may be entitled to. These leaves are designed to accommodate various personal circumstances, from celebrating public holidays to dealing with unexpected emergencies. In this article, we delve into the range of leave entitlements beyond annual leave, shedding light on public holidays, force majeure leave, leave for medical care purposes, and domestic violence leave. Understanding these provisions is essential for both employers and employees to maintain a healthy and compliant workplace.
PUBLIC HOLIDAYS
The following public holidays are observed:
- New Year’s Day
- St. Brigid’s Day
- St. Patrick’s Day
- Easter Monday
- First Monday in May
- First Monday in June
- First Monday in August
- Last Monday in October
- Christmas Day
- St. Stephen’s Day
All full-time employees are eligible for public holidays. To be eligible for public holidays, regular part-time employees must work at least forty hours during the period of five weeks proceeding the relevant public holidays.
In respect of each public holiday an employee’s entitlement is either: –
- A paid day off on the public holiday; or
- A paid day off within a month; or
- An extra day annual leave; or
- An extra day’s pay.
The Company reserves the right to determine which of the options above is chosen. If an employee is absent from work immediately prior to the public holiday for one of the following reasons, then they will not be entitled to that public holiday: –
- 52 consecutive weeks’ absences for occupational injury
- 26 weeks’ absence for illness or injury other than occupational injury
- 13 weeks’ absence as authorised by the employer, including lay off
If a public holiday falls on a day a full-time employee does not normally work, they still have an entitlement to a benefit for a public holiday.
If a public holiday falls on a day a part-time employee does not normally work, they are entitled to one fifth of their weekly pay, provided that they worked at least 40 hours in the five weeks preceding public holiday.
FORCE MAJEURE LEAVE
This is under the Parental Leave Act. This provides for leave with pay for urgent family reasons. This applies where serious illness or injury is occurring to: –
- A child
- A spouse or person with whom an employee is living as husband or wife
- A person to whom the employee is in loco parentis i.e., acting in a parental capacity
- A brother or sister of the employee
- A parent or grandparent of the employee
and where it requires your immediate and indispensable presence whether at home or elsewhere.
Force Majeure Leave cannot exceed 3 days in any period of 12 consecutive months or 5 days in any period of 36 consecutive months. Part day absences on Force Majeure Leave are regarded as one day for the purposes of the maximum number of days one can take.
Communication between employee and employer is crucial. The employee should inform their manager as soon as possible of their intention to take or the fact of taking the Force Majeure Leave. Keeping track of leave is essential and either having the appropriate forms or a HR system such as HR Locker in place.
If employees are absent for more than one day, this further absence is not considered Force Majeure.
The employer has the right to ask for reasonable evidence of employee’s need to take emergency leave, which is an important point to note. We have encountered many attempts of fraudulent claims over the years and it is good to know how to protect the business against these.
LEAVE FOR MEDICAL CARE PURPOSES
Introduction
Leave for medical care purposes was introduced through the Work Life Balance and Miscellaneous Provisions Act 2023. Part 1, Part 2, other than sections 7, 8, 12 (a), 13 and 14; and Sections 32 to 39 of the Work Life Balance and Miscellaneous Provisions Act 2023 commenced on 3rd July 2023.
Leave for medical care purposes is a short-term unpaid leave that employees can avail of for the purposes of providing personal care or support to certain specified persons.
Entitlement
An employee is entitled to unpaid leave where one of the following persons is in need of significant care or support for a serious medical reason: –
- a person of whom the employee is the relevant parent;
- the spouse or civil partner of the employee;
- the cohabitant of the employee;
- a parent or grandparent of the employee;
- a brother or sister of the employee;
- a person, other than one specified in any of subparagraphs (i) to (v), who resides in the same household as the employee.
A person is considered to be in need of significant care or support for a serious medical reason where, owing to the person’s disability, injury or illness, he or she requires such care or support that includes the presence of the employee at the place where the person is.
Leave for medical care purposes shall consist of one or more days on which, but for the leave, the employee would be working. The entitlement applies when the presence of the employee is required at the place where the disabled/ill/injured person is located.
The leave shall not exceed 5 days in any period of 12 consecutive months and shall not be taken in a period of less than one day. Part days shall be regarded as full days for the purposes of the maximum number of days an employee can take. There is no minimum service requirement for the leave.
Applying for leave
When an employee takes or intends to take the leave, they are required to inform the organisation as soon as reasonably practicable and on their return they need to fill out a relevant form.
The employee may also be required to provide relevant evidence in relation to the person for whom the relevant care or support is or is proposed to be provided. This may include a certificate signed by a medical practitioner or such other evidence as the employer may require in order to show that the person concerned was in need of significant care or support for a serious medical reason.
Employment rights protection
All employment rights, except remuneration, are protected while employee is on leave for medical care purposes.
DOMESTIC VIOLENCE LEAVE
Introduction
Domestic violence leave was introduced by the Work Life Balance Miscellaneous Provisions Act 2023. Regulations necessary to bring the leave into effect are expected to be published in autumn 2023 and will contain further detail on how the rate of pay will be calculated.
Entitlement
Domestic violence leave is provided under a new section 13AA in the Parental Leave Acts 1998 to 2023 (“Parental Leave Acts”). Employees are entitled to up to 5 days paid leave in a 12-month period. There is no mandatory service requirement. Employees availing of the leave are entitled to full rate of pay.
The leave is to enable employees experiencing domestic violence to: –
- seek medical assistance;
- obtain services from a victim services organisation;
- obtain counselling;
- relocate temporarily or permanently;
- seek legal advice or assistance;
- seek assistance from the Garda Síochána; or
- obtain a safety order from the courts
Eligibility for domestic violence leave extends to an employee who is assisting a relevant person to access or obtain the supports outlined above. A relevant person includes a spouse, dependent child, or cohabitant.
Domestic violence leave can be applied for retrospectively after the employee has taken the leave. An employee will be required, as soon as reasonably practicable after taking the leave, to notify the employer using the Domestic Violence Leave form, of the dates on which the leave was taken. The employee will not be obliged to provide any documentary evidence in support of their application.
Protection of Employment Rights
While an employee is on domestic violence leave, the employee will continue to accrue annual leave and be entitled to public holidays during the period of leave.
Redress
Employees who propose taking or who have taken domestic violence leave is protected against penalisation under the Parental Leave Acts. Penalisation includes the dismissal of an employee, unfair treatment, including selection for redundancy and an unfavourable change to conditions of employment.
Records
Employers are obliged to maintain a record of domestic violence leave taken by its employees, noting the period of employment of each employee and the dates on which they took the leave. This record will be retained for a period of three years.
IMPORTANCE OF COMMUNICATING LEAVE ENTITLEMENTS
Clear communication between employers and employees regarding leave entitlements is vital. Employers should ensure that all employees are well-informed about their rights and responsibilities when it comes to taking leave. This not only helps in avoiding misunderstandings but also ensures that employees can avail themselves of the benefits they are entitled to without hesitation. Regular training sessions or informational briefings can be an effective way to keep everyone updated on the latest policies and regulations. Employees should ensure they communicate their needs in an open and honest manner; this will help to obtain the leave they need and to maintain a good relationship with the employer.
THE ROLE OF EMPLOYERS IN SUPPORTING EMPLOYEES
Employers play a key role in supporting employees who may need to take various types of leave. By fostering an environment of trust and understanding, employers can help employees feel secure in requesting the leave they need. Organisations should have clear policies in place that outline the procedures for requesting leave, the evidence required (if any), and the protections available to employees who take leave. This not only helps in ensuring compliance with legal obligations but also promotes a positive workplace culture.
We hope you found this information useful. In our next article we will cover other types of leave, including Parents Leave, the entitlement to which just extended to 9 weeks this month. Stay tuned to keep being informed! We are more than happy to assist you in the implementation and management of the above policies. We are only a call or email away!
