Summary: Force majeure leave is paid leave of up to 3 days in any 12-month period (or 5 days in any 36-month period) for urgent family emergencies. It is a statutory right under the Parental Leave Acts and applies to all HSE staff.
If a family member falls ill suddenly or has an accident and you need to leave work or stay home urgently, force majeure leave is the entitlement that covers you. This guide explains exactly how it works for HSE employees in 2026.
What Is Force Majeure Leave?
Force majeure leave is paid emergency leave that you can take when your immediate presence is urgently required due to an injury or illness of a close family member. It is provided under the Parental Leave Acts 1998–2019.
Unlike other types of leave, force majeure leave is taken at very short notice — often on the day itself — because the nature of the emergency does not allow for advance planning.
How Many Force Majeure Days Are You Entitled To?
| Period | Maximum Entitlement |
|---|---|
| Any 12-month period | 3 days |
| Any 36-month (3-year) period | 5 days |
Force majeure leave may be taken as full days or part days. A part day counts as one force majeure day for the purposes of the limit.
Is Force Majeure Leave Paid?
Yes. Force majeure leave is fully paid at your normal rate of pay. It does not count as sick leave or annual leave.
Who Qualifies as a “Close Family Member” for Force Majeure?
Force majeure leave applies when the urgent need relates to an illness or injury of:
| Relationship |
|---|
| Child or adoptive child |
| Spouse or civil partner |
| Person with whom you live as a couple |
| Parent or grandparent |
| Brother or sister |
| Person to whom you act in loco parentis |
Force majeure leave cannot be taken for the death of a family member — that is covered by bereavement/compassionate leave.
What Counts as an “Urgent Need”?
The key test is that your immediate presence must be required. This typically means:
- A child becomes suddenly ill and needs to be collected from school or childcare
- A dependent family member has an accident or medical emergency
- A family member is unexpectedly admitted to hospital and requires your immediate support
It does not cover:
- Planned medical appointments
- Ongoing illness where you have time to make alternative care arrangements
- Situations where your presence is desirable but not urgently required
How to Apply for Force Majeure Leave
Because of the urgent nature of force majeure leave, you typically apply after the event rather than in advance.
- Notify your manager as soon as possible on the day (usually by phone)
- Complete the HSE Force Majeure Leave form (available from HR or the HRPOL portal) on your return to work
- The form asks you to confirm:
- The date(s) of leave
- The family member affected and their relationship to you
- The nature of the urgent need
- That your immediate presence was required
You are not required to provide a medical certificate for the person you were caring for, though your employer may ask for supporting information in some cases.
Can Force Majeure Leave Be Refused?
Your employer cannot refuse force majeure leave where you genuinely meet the qualifying conditions. However, they can investigate the circumstances and, if the conditions are not met, treat the absence differently (e.g., as unauthorised absence or annual leave).
If you believe your force majeure leave has been improperly refused or not recorded correctly, you can refer the matter to the Workplace Relations Commission.
Force Majeure Leave vs Other Emergency Leave
| Leave Type | Situation | Paid | Duration |
|---|---|---|---|
| Force Majeure Leave | Family member ill/injured — urgent need for your presence | Yes | 3 days/year |
| Bereavement Leave | Death of a family member | Yes | 3–5 days |
| Sick Leave | You are unwell | Yes | Per sick leave scheme |
| Special Leave | Other exceptional circumstances | Discretionary | Manager discretion |
What If I Need More Than 3 Days?
If the emergency continues beyond your force majeure entitlement, you have several options:
- Annual leave — request emergency annual leave from your manager
- Unpaid leave — your manager may grant special unpaid leave
- Carers Leave — if the situation is ongoing and requires full-time care
- Special leave — some HSE locations may have discretionary provisions for extended emergencies
Talk to your line manager or HR Business Partner as early as possible to discuss your options.
Force Majeure Leave and Your Leave Record
Force majeure leave is recorded separately from your annual leave and sick leave records. It does not affect:
- Your sick leave entitlement
- Your annual leave balance
- Your attendance record for sick leave triggers
Frequently Asked Questions
How many force majeure days am I entitled to per year? 3 days in any 12-month period, or 5 days in any 36-month period.
Can I take force majeure leave for a sick child? Yes, if your child is suddenly ill and your immediate presence is required — for example, to collect them from school or care for them because no other care arrangements can be made at short notice.
Does force majeure leave count as a sick day? No. Force majeure leave is a completely separate entitlement and does not affect your sick leave record.
What if my employer disputes my force majeure claim? Your employer can question whether the circumstances genuinely qualify. If the dispute cannot be resolved, it can be referred to the Workplace Relations Commission.
Can I take force majeure leave for a grandparent? Yes. A grandparent is a qualifying family member for the purposes of force majeure leave.
Can both parents take force majeure leave for the same family emergency? Yes. Each parent has their own separate force majeure entitlement. Both parents can take leave in relation to the same incident if both are genuinely required.
Is force majeure leave available to part-time staff? Yes. All employees, including part-time and temporary staff, are entitled to force majeure leave regardless of their length of service.
Useful Resources
- Workplace Relations Commission: workplacerelations.ie
- Citizens Information: citizensinformation.ie
- HSE HR Helpdesk: Your local HR Business Partner
- Parental Leave Acts 1998–2019
Related HSE Leave Guides
- HSE Bereavement & Compassionate Leave 2026
- HSE Carers Leave Policy 2026
- HSE Annual Leave Entitlements 2026
- HSE Unpaid Leave Policy 2026
This guide is based on the Parental Leave Acts 1998–2019 and HSE HR policy as of 2026. Always confirm your entitlements with your HR Business Partner if you are unsure whether your circumstances qualify.
