This leave was introduced via the Work Life Balance and Miscellaneous Provisions Act 2023.

To avail of this leave, it is important for both employees and employers to understand the rights and obligations in relation to Leave for Medical Care purposes and how it differs from other types of statutory leave.

Who can apply

An employee has the right to take a leave of absence from work, which is unpaid, in order to care for a person who requires substantial care or support for a serious medical condition. In order to qualify for this, the said person must be:

• a person of whom the employee is the relevant parent
• the spouse or civil partner of the employee
• the cohabitant of the employee
• a parent or grandparent of the employee;
• a brother or sister of the employee;
• a person (other than one specified in the above) who resides in the same household as the employee.

 There is no minimum service requirement to avail of this leave.

Entitlement to leave for medical purposes

It is important to note that, only in situations where the employee must personally care for or support a family member or cohabitant, who needs substantial care or support for a serious medical condition, will leave for medical reasons be granted.

Number of days

Employees are entitled to up to five days unpaid leave for medical purposes per year. In circumstances where an employee takes only part of a working day as leave for medical care purposes, this shall be considered one full day of their entitlement.

Application Process

As best practise, employees should submit a written request to be retained by the company, and the employer should issue a written acknowledgement of the request. The employer may ask the employee to furnish any information that may be reasonably needed to support the leave, such as the employee's relationship to the person for whom the leave is being requested or has already been taken, the type of personal care or support that the Employee is required to provide to the person in question, and relevant documentation pertaining to the person's need for the significant care or support in question, such as a medical certificate.

Record Keeping

Employers must keep a record of all leave taken by employees for medical care purposes, including the dates and times of each employee's leave. These records must be kept on file for a minimum of three years.

Protection of Employment Rights with regard to availing of Leave for Medical Care Purposes?

• All employees have the right to resume working in the same role held just before being absent on leave for medical care purposes.
• The period of leave in relation to leave for medical care purposes will count as continuous employment.
• An employee cannot be dismissed for requesting or taking this leave.
• Employers are not allowed to penalise employees or treat employees unfairly in any way, such as, by choosing to lay off or offering less favourable working conditions, after an employee has requested or taken Leave for Medical Care Purposes.

The above information has set out basic guidance for Leave for Medical Care Purposes. There are other types of family-friendly statutory leave. An example of a different type of leave which is similar to Leave for Medical Care Purposes is Force Majeure Leave.

It is important to note that Force Majeure Leave is not the same as Leave for Medical Care Purposes.

Force Majeure

The Parental Leave Act 1998 states that, an employee is entitled to take “Force majeure Leave”, where for urgent family reasons, owing to an injury to or the illness of a person referred to (under Section 13(2) in the Parental Leave Act, 1998), the employees immediate presence is indispensable at the place where the person is.

The persons referred to under Section 13(2) are:

• A person of whom the employee is the parent or adoptive parent
• The Spouse of the employee or a person with whom the employee is living as husband or wife
• A person to whom the employee is in loco parentis
• A brother or sister of the employee
• A parent or grandparent of the employee
• Persons of such other (if any) class or classes as may be prescribed

Force Majeure Leave is paid leave which arises unexpectedly. Where an employee has taken Force Majeure Leave, the employee should, as soon as reasonably practicable thereafter, confirm that they have taken such leave specifying the dates and set out a statement of facts entitling them to the leave.  Force Majeure leave, once approved, gives the employee an entitlement to paid leave of up to three days in any twelve consecutive months, or five days in any thirty-six consecutive months.

Therefore, it is important that employers and employees alike understand the difference between these two types of leave.

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