Force Majeure and Illness in Family Leave

The full terms and conditions for teachers’ Force Majeure and Illness in Family Leave are set out in circular 58/2023.

Circular 58/2023 supersedes circular 32/2007, which previously provided for five days of Family Illness per school year, and incorporates the statutory entitlement to Force Majeure Leave for teachers.

It’s important to note that circular 58/2023 does not reduce the overall entitlement to leave for teachers who need to provide care to an ill family member – five school days per school year will still be available.

However, teachers must now determine whether it is appropriate for them to request Force Majeure Leave, or where Force Majeure does not apply or has been exhausted, whether Illness in Family Leave would be more appropriate.

In general, there will only be substitute cover for Force Majeure and Illness in Family Leave for the second and subsequent day, when more than one day of leave is being taken consecutively.
(E.g., if a teacher is taking three days together, there will be cover for days two and three. But if three days are taken individually throughout the school year, no substitute cover will be available.)

Substitute cover for the first day of Family Illness Leave was withdrawn under the terms of the Haddington Road Agreement in 2013, details here.

Please note the following exceptions:

• Schools with two or fewer classroom teachers can employ a substitute for Force Majeure or Illness in Family Leave, or self-certified sick leave,
• If there are two or more teachers absent on the same day on self-certified sick leave, or the first day of Force Majeure or Illness in Family Leave, a substitute may be employed for the second and subsequent absence.

Force Majeure Leave is a statutory leave provision for urgent family reasons, based on the illness or injury of an immediate relative, where the teacher has to act without delay.
The teacher must also be indispensably required to provide support at the place where the ill or injured immediate relative is located.

As per DE Circular 58/2023, there is an entitlement to three school days in 12 consecutive months, or five school days in 36 consecutive months.

This entitlement is provided for in the Parental Leave Act 1998.

You can apply for Force Majeure Leave for an immediate family member.
Appendix A of DE Circular 58/2023 outlines the list of the immediate relatives to whom the leave is applicable.

These include:

• Spouse (including a cohabiting partner)
• Child (including adopted child, step-child and child being cared for on the basis of ‘in loco parentis’)
• Brother
• Sister
• Mother
• Father
• Grandfather
• Grandmother
• Any person in a relationship of domestic dependency (meaning the ill person shared accommodation with the teacher and also relied on them for their care)

Yes, Force Majeure Leave is paid and reckonable for pension purposes. In addition, it is fully reckonable for seniority and progression on the incremental salary scale.

Force Majeure Leave cannot be used to accompany a sick or injured relative to a scheduled medical appointment. However, depending on the relationship and the circumstances, Illness in Family leave may be applicable.

Yes. Circular 58/2023 states that the circumstances must be urgent and that the presence of the teacher is indispensable to provide support.

Illness or Injury by its nature (including a child) can be urgent and the teacher’s presence is indispensably required to provide support to that child without delay.

As with all leave types the approval of the employer must be sought for the leave.

Appendix C of the circular 58/2023 provides for an application form. Your details and the leave details are to be included.

For Illness in the Family Leave you are asked to indicate whether you have taken the leave for an immediate relative or near relative.

In general this should not be required.

Your employer may, at their discretion request supporting documentation, such as a medical letter. If supporting documentation is requested by your employer, it does not need to state the nature of the medical condition.
Depending on the nature of the illness, these may or may not always be available for example, a child who has a tummy bug.

The purpose is for a serious and unforeseen illness or injury to a teacher’s immediate relative or near relative and where alternative domestic arrangements cannot be made.
Illness in Family Leave may also be used where Force Majeure Leave has been exhausted or does not apply.

There is an entitlement to a maximum of five school days in each school year, in respect of an immediate relative or three days in a school year in respect of a near relative. This is subject to a maximum of five days in total in a school year.

Circular 58/2023 does not explicitly exclude or preclude the use of Illness in Family leave for medical appointments.
In circumstances where the medical appointment relates to a serious and unforeseen illness and where alternative domestic arrangements cannot be made, Illness in Family Leave may be used for this purpose.

You can apply for Illness in Family Leave for an Immediate relative.

• These are defined as:
• Spouse (including a cohabiting partner)
• Child (including adopted child, step-child and child being cared for on the basis of ‘in loco parentis’)
• Father
• Mother
• Step-father
• Step-mother
• Step-son
• Step-daughter
• Any person in a relationship of domestic dependency (meaning the ill person shared accommodation with the teacher and also relied on them for their care)

You can also apply for a near relative. These are defined as:

• Brother
• Sister
• Grandfather
• Grandmother
• Uncle
• Aunt
• Niece
• Nephew
• Grandchild
• Mother-in-law
• Father-in-law

Yes, the maximum amount of Illness in Family leave in a school year is five school days, which is inclusive of the Force Majeure leave entitlements.

Yes. Illness in Family Leave is paid and reckonable for pension purposes. In addition, it is fully reckonable for seniority and progression on the incremental salary scale.

Circular 58/2023 does not explicitly exclude or preclude the use of Illness in Family leave for medical appointments.
In circumstances where the medical appointment relates to a serious and unforeseen illness and where alternative domestic arrangements cannot be made, Illness in Family Leave may be used for this purpose.

As with all leave types the approval of the employer must be sought for the leave.

Appendix C of the circular 58/2023 provides for an application form. Your details and the leave details are to be included.
For Illness in Family Leave you are asked to indicate whether you have taken the leave for an immediate relative or near relative.

In general this should not be required.
Your employer may, at their discretion, request supporting documentation, such as a medical letter. Should such documentation be requested it does not need to state the nature of the medical condition.

The difference is that Force Majeure is a statutory leave provision whereas Illness in Family is non-statutory.
Force majeure is counted over either a twelve consecutive month or 36 consecutive month period.
Illness in the Family leave is counted over a school year.