Frequently asked questions
What circular addresses the provisions for Force Majeure and Illness in Family Leave?
What were the key changes in circular 58/2023?
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.
Is substitute cover available for Force Majeure or Illness in Family Leave?
(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Substitute cover for the first day of Family Illness Leave was withdrawn under the terms of the Haddington Road Agreement in 2013, details here.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.
What is the purpose of Force Majeure Leave?
The teacher must also be indispensably required to provide support at the place where the ill or injured immediate relative is located.
What is the entitlement to Force Majeure Leave?
This entitlement is provided for in the Parental Leave Act 1998.
For whom can I apply for Force Majeure Leave?
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)
Is Force Majeure a paid leave?
Can Force Majeure Leave be used to accompany a sick or injured relative to a scheduled medical appointment?
Can Force Majeure Leave be used to provide support to a sick child?
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.
Must I make an application for Force Majeure 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.
Do I have to provide any other documentation for Force Majeure Leave?
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.
What is the purpose of Illness in Family Leave?
Illness in Family Leave may also be used where Force Majeure Leave has been exhausted or does not apply.
What is the entitlement to Illness in Family Leave?
Can Illness in Family Leave be used to accompany an immediate relative or near relative to a medical appointment?
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.
For whom can I apply for Illness in Family Leave?
- 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
Is the entitlement to Illness in Family Leave inclusive of Force Majeure Leave?
Is Illness in Family Leave paid?
Can Illness in Family Leave be used to accompany an immediate relative or near relative to a medical appointment?
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.
Must I make an application for Illness in Family 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.
Do I have to provide any other documentation for Illness in Family Leave?
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.
What is the difference between Force Majeure and Illness in Family Leave?
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.