Róisín Shortall (Dublin North West, Social Democrats)
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81. To ask the Minister for Social Protection how she allows for force majeure in circumstances, other than late claims, where the claimant was unable to fulfil all of the qualifying criteria for a genuine force majeure reason. [7679/16]

Joan Burton (Dublin West, Labour)
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Under the Parental Leave Acts, a civil servant is entitled to force majeure leave, which is leave with pay for urgent family reasons owing to the injury or illness of an immediate relative. Entitlement to force majeure leave is limited to circumstances where the immediate presence of the officer is indispensable, at the place where the ill or injured person is situated. In determining whether an officer is entitled to force majeure leave the following considerations apply:

- the reason is urgent when the officer has to act without delay, there is no advance notice of the illness/injury and there is little time to plan or manage it or to make alternative arrangements. In this sense, a scheduled hospital appointment or a routine childhood illness would not attract force majeure leave. An event might be urgent on the first day, but not on subsequent days if the initial urgency has passed;

- the need for the officer’s presence is immediate when the officer’s presence with the sick person could not have been delayed because of the seriousness/urgency of the illness/injury. The officer had to be with or go to the sick/injured person without any delay;

- the officer’s presence is indispensable when the situation demands the presence of the officer. Nobody else will do, or will be able to give the support that the sick/injured person requires.

These three criteria for force majeure leave must apply on each individual day for which force majeure is requested, not just the first day.

Force majeure leave shall not exceed 3 days in any period of 12 consecutive months or 5 days in any period of 36 consecutive months. An absence for part of a day is counted as one day for the purposes of force majeure leave.

During an absence on force majeure leave, an officer is deemed for all purposes to be in employment. Force majeure leave is paid leave. It cannot be treated as part of any other leave such as sick leave, maternity leave, adoptive leave, annual leave or parental leave to which the officer is entitled.

The HR Division of my Department is required, in applying the foregoing provisions, to be satisfied that, in the circumstances, an application for force majeure leave is fully justified. Where this is not the case, the officer should apply for annual leave or other form of special leave.