Force Majeure (again!)

[tinkerbell]

Sorry for raising this again but I have read previous threads but can someone just spell it out plain for me please as my head is a bit all over the place. My child was involved in a very serious accident recently. I spent every minute with her in the hospital accompanying her to xrays, treatments, etc. to make things easier. Now am I actually entitled to Force Majeure or is it purely left to my employers discretion? My annual leave is nearly gone and will be needed for hospital checkups, etc. My reading of the act is that I am but before I make my case, I really need to be sure as I less than a year with them. Thanks

 

[Lomond]

Force Majeure entitles an employee to paid time off for urgent family reasons due (in your case) to the injury of an immediate family member. Key factors is that the immediate presence of the employee is urgent and indispendable. It is the sudden, unpredictable or unforseen nature of the illness/injury which will determine whether FM is granted.
3 days in 12 months or 5 days over 3yrs. Length of time employed is not relevant.

As the child is in hospital and the parents presence is definately needed I cant see how you could not avail of FM. You may need to make your case for how many days you believe you should be given, so get some confirmation from the hospital of your situation.

 

[tinkerbell]

Thanks Lomond, I was hoping that an entitlement meant that you didn't have to fulfil a bit list of ifs and buts. I have a letter from the hospital with details of dates, ward, phone number for more details, etc. to give them. 3 days would be a great help in my case. thanks again!

 

[LB03]

Timeoff should be agreed with your employer at time of "urgent family need"
Employer does not have to pay you in retrospect

 

[therave]

LB03 .i think the last person that would be on your mind in this situation is your employer..
also i would say that there is no need to furnish your employer with the exact details of your daughters injuries.
my input is that you were entitled at the time of the accident to take Force Majure for 3 days because it was an emergency and a close member of the family was involved.Your employer has no right to refuse it.
i hope your daughter will be back to full health soon

 

[tinkerbell]

thanks again so much. Thats exactly how it was. We were in hospital and I just couldn't think of anything else except her injuries and outlook. Arranging what leave I should take was exactly as therave says - the last thing to think about. In a horrible emergency situation you just shouldn't have to worry about leave and work. Sounds like Force Majeure is in place to prevent that? Yep thanks shes vastly improved though not totally out of the woods for a while yet but thankfully she's alive and work seems so so unimportant compared to that!