# majeure leave for birth of child?



## timmy1 (23 Sep 2008)

Hi,
   If my wife goes into labour one evening am i entitled to take the following day from work as force majeure leave?
If so am i entitled to take more that one subsequent day as force majeure leave and why?

thanks in advance


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## ajapale (23 Sep 2008)

*Re: majeure leave leave for birth of child?*



timmy1 said:


> Hi,
> If my wife goes into labour one evening am i entitled to take the following day?



No, I dont think so.

If you actually work evenings and your wife suddenly went into labour and no one else could bring her to the hospital then perhaps you might be able to claim force mejure. In any event you would not be able to claim the following day as force mejure.


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## aircobra19 (23 Sep 2008)

*Re: majeure leave leave for birth of child?*



> Force majeure leave is paid leave. It cannot be treated as part of any other leave [s.14(5)] (e.g. sick leave, adoptive leave, maternity leave, annual leave or parental leave) to which the employee is entitled.


 
http://www.equality.ie/index.asp?docID=237

Whats in your contract. Is there any paternity leave?



> Paternity leave is not recognised in employment law in Ireland. In other words, employers are not obliged to grant male employees special paternity leave (either paid or unpaid) following the birth of their child. Annual leave taken following the birth of a child is treated in employment law in the same way as leave taken at any other time of the year. It is at the discretion of the employer to decide who can and cannot take annual leave at a given time.
> Some employers in Ireland, (for example, the civil service), do provide a period of paid leave from work for male employees following the birth or adoption of their child. Fathers employed in the civil service are entitled to a period of special (paternal) leave of three days with pay in respect of children born on or after 1 January, 2000 or for children adopted after 1 January 2000.
> The employee usually applies for this leave in writing before the birth or adoption. Arrangements where employers provide this type of leave following the birth or adoption of a child are the result of negotiation and agreement reached between the employer and employee. These arrangements are not covered by employment law so if an employer agrees to provide time off to an employee as paternal leave for a specified period (either with or without pay), it is entirely discretionary.
> While male employees are not entitled under Irish law to either paid or unpaid paternity leave, they may be entitled to parental leave. Parental leave entitles *both* parents who qualify to take a period of up to 14 weeks' unpaid leave from employment in respect of children up to eight years of age.


 
http://www.citizensinformation.ie/c...conditions/leave-and-holidays/paternity_leave


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## Purple (24 Sep 2008)

*Re: majeure leave leave for birth of child?*

Why not tell your employer that you want a week’s holidays starting from the day your wife goes into labour? Unless your employer is a complete ass I see no reason why he or she would not agree.


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## dodo (24 Sep 2008)

*Re: majeure leave leave for birth of child?*

Force majeure is something unexpecting happening,this seems not to be the case for you unless she went into labor unexpectedly say 3 weeks early and you had other children to look after but had no one to look after them as your sitter was away then you could use force majeure to look after them.You can have 3 force majeure a year and no more than 5 in 2 years.If you have no children then unless she is suddenly taken ill and only you can look after her then again you could use force majeure.


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## ClubMan (24 Sep 2008)

*Re: majeure leave leave for birth of child?*

If necessary and acceptable perhaps you could agree to take unpaid _Parental Leave_ when things happen?

* CitizensInformation - Parental leave  *


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