DPD Ireland – Force Majeure Policy
Force majeure leave is short-term paid leave that employees can avail of to enable them to deal with family emergencies, resulting from the sudden injury or illness of a family member, once certain conditions have been met. Part days shall be regarded as full days for the purposes of the maximum number of days one can take.
Entitlement
An employee is entitled to paid leave owing to the urgent illness or injury of:
a child (natural or adopted);
a spouse/partner;
a person to whom he or she is in loco parentis;
a brother/sister;
a parent/grandparent;
a domestic dependent.
This entitlement applies only when the immediate presence of an employee is indispensable, at the place where the ill/injured person is located.
Your entitlement to force majeure leave is limited to three days in any 12 consecutive months or five days in any 36 consecutive months. There is no service requirement for an employee to avail of force majeure leave.
Applying for the leave
Due to the nature of force majeure leave, prior notice cannot be given. However, you are required to inform the organisation as soon as possible on the first day of absence. On return to work, you will need to discuss the reasons for taking the leave. You must also complete the force majeure application form on return to work. This can be done via People HR, Logbook Section.
We have created a video tutorial to show you how to apply for force majeure leave via People HR. This can be viewed Here.
Your manager will conduct a review of the application and will confirm whether or not the leave will be treated as force majeure leave.
Medical appointments for which your presence is necessary and for which you have prior knowledge will not be deemed eligible for force majeure leave.
Force majeure leave does not give any entitlement to leave following the death of a close family member, compassionate leave must be taken in such circumstances.
Force majeure leave cannot be used where the employee has had reasonable time to make alternative arrangements for the family member’s care or has had reasonable time to apply for another form of leave (such as annual leave).
In addition, to qualify for force majeure leave, the employee must be able to demonstrate that their attendance at the place where the close family member is physically situated is deemed indispensable. An employee is not entitled to take force majeure leave where the necessary level of support can be provided remotely.
Force majeure leave is distinct from bereavement leave, and an employee is not entitled to force majeure leave following the death of a close family member
Protection of employment rights
During an absence on force majeure leave an employee is regarded as being in the employment of the employer, and retains all of his or her employment rights. Force majeure leave cannot be treated as part of any other leave (sick leave, adoptive leave, maternity leave, annual leave or parental leave) to which the employee is entitled.
Evidence
The legislation does not require an employee to furnish an employer with any independent evidence in support of them having taken force majeure leave. Equally, however, that does not in any way preclude an employer from seeking appropriate independent evidence from an employee who has taken force majeure leave where the employer on the face of it, is justified in being suspicious that the force majeure leave was inappropriately taken or, more seriously, was taken by the employee in circumstances which were not genuine or, more seriously still, if it was taken under false pretences.
Abuse of force majeure leave
Employees found abusing their entitlement to force majeure leave will be subject to the disciplinary procedure.