Winter inevitably brings coughs, colds and family emergencies that can lead to employee absences, and this can be a challenge for employers. There can be confusion about what leave is relevant for what situations, as there’s a range of different types of leave available to employees relating to requests related to illness, caring responsibilities and emergencies, particularly during periods of increased sickness in the winter months.
Between force majeure leave, medical care leave, compassionate leave and flexible working arrangements, it can be difficult for both employers to determine what entitlement is appropriate. With some types of leave paid and others unpaid, it’s important for employers to understand their obligations and to communicate them clearly.
Below is a brief outline of some of the options that may be available but if you need any further details, you can contact Sinead or Anna Marie at ISME on PH: 01 6622755 or HR@ISME.ie
Working from Home V’s Leave
Where an employee has a dependent who is mildly unwell and the employee can continue to perform their duties, managers may consider temporary remote working.
However, if significant care is required, employees should not be expected to work while caring. In these cases, the appropriate leave should be used.
If an employee themselves has received a medical cert confirming they are unfit to work, they should not be encouraged to work remotely during this period of sick leave.
Leave for Medical Care (unpaid)
Entitlement: Up to 5 days unpaid in any 12-month period.
Purpose: To provide personal care or support to a child, parent, spouse/partner, cohabitant, grandparent, sibling or any person the employee lives with.
Criteria:
- The person cared for must require “significant care or support for a serious medical reason.”
- Can be used for scenarios such as high-fever medical visits, post-surgery support, or short-term care for serious or chronic illness.
- Cannot be taken as a half-day — any portion taken counts as a full day.
Employee notice:
- Must notify the employer as soon as reasonably practicable.
- HR may request information on:
- Relationship to the person receiving care
- Relevant medical evidence/detail (e.g., certificate)
Force Majeure Leave (paid)
- Up to 3 days paid in 12 months, or
- 5 days paid in 36 months
Purpose: For urgent, unforeseeable events where the employee’s immediate presence is indispensable.
Examples include:
- Accident requiring emergency hospital attendance
- Sudden injury to a close family member requiring urgent intervention
Compassionate Leave
Not a statutory entitlement; may be granted at the organisation’s discretion (e.g., bereavement or serious family circumstances).
Managers should follow internal policy and HR’s direction.
Flexible or Remote Working requests
Employees with caring responsibilities or parenting duties have a statutory right to request—but not automatically receive—flexible or remote working.
Employer obligations:
- Respond within four weeks
- Assess based on business needs
- Maintain documentation in line with legislative requirements
A public consultation on further developments has just closed, and results of this will likely be revealed in the new year.
Sick Leave
Employees who are unwell should take sick leave and not be encouraged to work remotely while ill.
Statutory entitlement:
- 5 days paid sick leave per year
- Paid at 70% of normal pay, capped at €110/day
- Employee must have 13 weeks’ service and provide a medical certificate
Employers may offer enhanced provisions through internal policy.
If absence exceeds 5 days:
Employees should apply for State Illness Benefit, regardless of whether the employer provides additional sick pay.
Summary for Managers
- Use remote working only when duties can still be performed.
- Medical care leave – unpaid / non-urgent but necessary care.
- Force majeure – paid / urgent and unforeseeable situations.
- Compassionate leave – discretionary.
- Flexible working – employees may request; employers may decline for business reasons.
- Sick leave – statutory minimum applies; remote working is not allowable during this period.
