Force Majeur - Opinions, Suggestions, Advice

Hi,
If this is not the right categorie, please feel free to move it. I looked everywhere but couldn't find an obvious one.

Question: a friend of mine had to stay home with his three year old because child had a very high temperature (over 39) and mother went to work at 5am so no one else was home. Child was grand previous day and temperature only suddenly developed over night.
He had to be in work by 8am and usually drops child off to Creche but by 7am the temperature was still not down even though Calpol was given. He rang a D-Doctor and he advised him to go to hospital. Which he did. Child got a different medicine which decreased the temperature. Long story short. He called his job and explained situation. When he returned next day (mother stayed home with child on 2nd day), he said, he is taking the previous day as force majeur and by the book filled out the form. He was very detailed and yet HR got back to him asking him to be even more specific. He filled it out again as requested and that was it. Today he discovered that he wasn't paid for that day. No explanation, no notice, no nothing was given to him.

Where does he stand now. What are his rights? Does he have any?

Thanks in advance for opinions and advice.

PS.: read up all the FM info online but can't find a proper answer to this situation.

I think all force majeur leave is unpaid.

Sorry, I've just realised I'm wrong. According to the Equality Authority website it's paid leave so maybe he could contact them for advice.

Has he asked why he wasn't paid ?

Could just be something forgot to tick the correct box on the payrole software.

Force Majeure is protected leave under the Parental Leave Acts. Given the outline you have provided, the circumtances would to me meet the requirements of FML. Employees are entitled (within certain limits) to paid leave in the case of FM.

An employer can refuse where they believe the time off doesn't qualify as FM, but they must give the employee the reason for refusal in writing and the employee has an opportunity to appeal the decision.

The forms they have to fill in are quite detailed for claiming FM, so it's not that unusual an employer asks for more detail even in some cases a medical certificate to prove the child was ill.

It looks like they'll have to go back to HR to dispute why they weren't paid.

he couldn't get his manager on the phone yet and HR were "unavailable" too hence the confusion on his side. so by the description in original post, you guys would agree to classify it as FM?

sorry for bad english btw

My understanding is that there is a limit in the amount of FM leave you can take, at 3 days in a 12 month period subject to a max of 5 days over 36 months. Is it possible he has exceeded the limits, in which case, his employer is correct in not paying him.

Mpsox said:

My understanding is that there is a limit in the amount of FM leave you can take, at 3 days in a 12 month period subject to a max of 5 days over 36 months. Is it possible he has exceeded the limits, in which case, his employer is correct in not paying him.

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While true, they should have still provided him with the reason for refusal in writing if that were the case.

he never took FM before. this was the 1st time

I agree with jhegarty. I'd check first to make sure it wasn't just that someone in HR didn't understand that it is meant to be paid. If that's not the case then I would send a letter to HR quoting from the EA website and asking for an explanation, in writing, as to why he wasn't paid for the day he took off.
Sorry, just read the post saying they were 'unavailable'. In that case email his concern and make sure he gets a return receipt.

Sounds very clear cut to me and definitely one I would sign off. Let us know how he gets on.

I was given FM leave by my employers when my wife got sick - we are from the UK and have no family here so they said it was no problem for me to take the day off to look after her and take her to the hospital. I suppose it depends on how much of a Jobsworth the HR manager is.

In my position at work, I deal with force majeure applications all the time. Your friends case would certainly satisfy all the criteria. An appeal here should be successful.

In my first reading of it, I thought 'that's not serious enough for force majeur' and possibly should have been taken as 'sick leave'. While I know there's no provision for sick leave if one of your kids is sick, I tend to advise my staff that if a child is sick for a day to put it down as a sick day for themselves - yes i know this is discriminatory for people who don't have kids, but we have a limit on number of sick days we pay per person, so it's coming out of a personal allocation. I've only every had one case of force majeur where someone's wife was rushed to hospital and husband had to go to her. That being said, when I read back and saw they had to go to hospital with child I would agree that it could work as force majeur too. Problem is there is no real guidance in regard to how 'serious' it has to be. Maybe that's the issue?

Force Majour isn't just for parent - it's emergency type leave when your immediate presence is required. My Dad was rushed to hospital late one night and was admitted at 4pm the following day. My brother got force majour for that day.

In my view the OP has a clear cut case for FM as he had to no time to make alternative arrangments and his presence was required. In the case of Sylvestor 3 I would no as it appears to be a preplanned hospital visit.