S.I. No. 454/1998 - Parental Leave (Notice of Force Majeure Leave) Regulations, 1998

1. These Regulations may be cited as the Parental Leave (Notice of

Force Majeure

Leave) Regulations, 1998, and shall come into operation on the 3rd day of December, 1998.

2. The notice to be given by an employee to his or her employer under

section 13

(3) of the

Parental Leave Act, 1998

, shall be in the form set out in the Schedule to these Regulations (the "scheduled form") or in a form to the like effect containing the information and declaration referred to in the scheduled form.

SCHEDULE

Parental Leave Act, 1998

Notice to Employer of

Force Majeure

Leave

This form, or a form to the like effect containing the information and declaration referred to in this form, must be completed by an employee who takes

force majeure

leave as soon as reasonably practicable after the leave is taken.

An employee is entitled to

force majeure

leave where for urgent family reasons, owing to an injury to or the illness of a person referred to in section 13(2) of the Act, the employee's immediate presence is indispensable at the place where the person is.

The persons referred to in section 13(2) of the Act are: child, adopted child or a person in relation to whom the employee is in

loco parentis;

spouse or person with whom the employee is living as husband or wife; brother or sister; parent or grandparent.

Force majeure

leave must not exceed 3 working days in any period of 12 consecutive months or 5 working days in any period of 36 consecutive months.

In the event of any dispute or difference between an employer and employee in relation to

force majeure

leave the issue may be referred by either party to a rights commissioner.

Name of employee

_________________________________

Figures

Letters

RSI Number

Name and address of employer

__________________________________________

__________________________________________

__________________________________________

Name and address of

__________________________________________

injured */ill* person during

__________________________________________

force majeure leave

__________________________________________

Relationship to employee

__________________________________________

Nature of injury*/illness*

__________________________________________

Date(s) of force majeure leave

__________________________________________

I confirm that I have taken force majeure leave on the above mentioned dates because for urgent family reasons, owing to the injury to*/illness of* the person specified above, my immediate presence at that person's address was indispensable.

DECLARATION

I declare that the information given above is true and complete.

Signature of employee ___________________________

Date ________________________________

* Delete as appropriate

GIVEN under my Official Seal, this 1st day of December, 1998.

JOHN O'DONOGHUE

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE

These Regulations prescribe the form of the notice to be given to an employer by an employee following the taking of

force majeure

leave.

I, JOHN O'DONOGHUE, T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by

section 3

of the

Parental Leave Act, 1998

(No. 30 of 1998), and having, in accordance with subsection (2) of that section, consulted persons whom I consider to be representative of employers generally and employees generally, hereby make the following regulations