Force Majeure Leave

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Pantalla

Registered User
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Hi,
I'm looking for information on Force Majeure Leave. Is there any kind of overall legislation on this or is it granted at the discretion of each company?
Thank you
 
A colleague of mine had to take leave last year when her daughter was sick in hospital. should clarify the position.
 
Thanks all. My sister is having issues with employer granting her Force Majeure leave as her immediate presence is not deemed to be "indispensable".
Our father is having a very serious operation in Spain and she is being told that because "he is in hospital", her presence is not indispensable as he is "being looked after" (?!!). Our parents live in Spain and, apart from our very exhausted by now mother, nobody else can help or be there. To make matters worse, they are in a hospital that is 300 miles away from home, where they don't know anybody.

My sister's employer is being so understanding as to have "allowed her" to take time off her own holidays for this.This is being put forward to her as some kind of good will gesture on their part.. However they have dismissed Force Majeure for above reasons...

I flew home on Force Majeure + my own annual leave a few weeks ago when our father fell ill and had no problems. We were hoping that we could take turns... My sister is now afraid that she will not be able to go back home once/if her annual leave entitlement runs out.

Sorry for the long posting, just venting as we're finding this rather frustrating. Sister's been with current employer for over 1.5 years, impecable attendance record etc etc
 
That sounds a bit harsh, in the circumstances. I wouldn't often say this, but why doesn't she just pull a 'sickie'?
 
DrMoriarty said:
That sounds a bit harsh, in the circumstances. I wouldn't often say this, but why doesn't she just pull a 'sickie'?
Click to expand...

She can't do that for more than three days without a certificate but she may have a sympathetic GP - I mean she would definately be "stressed". Though if her employers see a sick note coming through the post they will be very suspicious.
 
She shouldn't have to produce the sick note until she's well enough to return to work.

As I said, I'm usually very firmly against these kinds of practices, but from what's been posted it sounds like the employer is being a bit of a cojone... :confused:
 
Really - my employer looks for one after 3 days continous absense or 9 days uncertified in a year.
 
Some employers require one after 2 days' continuous absence — but that doesn't mean they have to have it 'in their hand' by day 3...

In fairness, the employer is probably just worried about
(a) 'setting a precedent' :rolleyes:, and
(b) the possibility of a scenario whereby the leave originally granted needs to be extended to several days/weeks.

I wouldn't really call this 'force majeure' leave, but leave on 'humanitarian' grounds. I just think the employer could be a little more generous, considering the person's track record...
 
DrMoriarty said:
She shouldn't have to produce the sick note until she's well enough to return to work.

As I said, I'm usually very firmly against these kinds of practices, but from what's been posted it sounds like the employer is being a bit of a cojone... :confused:
Click to expand...
i like the literal translation :)

Yes, they are not being very sympathetic... It'd probably be too obvious to pull a sickie, but I guess you have to be "imaginative" against the lack of flexibility
 
According to OASIS the [broken link removed] also governs Force Majeure leave and includes a section dealing with disputes and their resolution. Maybe this dispute resolution process would be of interest to your sister?
 
Force Majeure leave covers situations where it is *essential* for the person to help someone else, not where it would be nice to help them. It covers situations where someone has been in an accident for example and you are in the process of getting them to the hospital/admitted, etc . . . it does not cover subsequent events which are to a greater or lesser degree predictable. The employer is technically correct in this situation.

In fairness to the employer, they have extended goodwill measures - they don't have to.

Does your sister have children under 5 ? Could she apply for a block of parental leave ?

Could she talk to HR and ask for extra time off, to be worked back (or repaid if she leaves the company) over a period of months ?

Maybe your sister should pursue other avenues than 'force majeure' since the employer has made their position known on this situation. Look for compassionate leave for example. It may just be terminology, but if they have said they won't grant FM leave then continuing to look for it will most likely be unproductive.

z
 
While I'd agree in general with Dr M's comments about the attitude of the employer, I'm wondering why getting force majeure leave is such a big deal. Given that it only applies to 3 days in any 12 month period or 5 days in a 36 month period, it is hardly that important in the overall context of the annual leave entitlement. Shouldn't she just travel on annual leave for now.
 
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