05.03.2025
The Urgent Family Leave (Amendment) Regulations, 2025 have introduced important amendments to the already-in-existence Urgent Family Leave Regulations, 2004.
There were two amendments introduced in February 2025 by means of Legal Notice 28 of 2025 namely:-
1. The number of hours for urgent family reasons has increased; and
2. The type of leave which is deducted from an employee’s allowance.
1. Increase in number of hours for urgent family reasons
The 2025 amendments have increased the number of hours from fifteen hours with pay per year as time off from work for urgent family reasons to thirty two hours with pay per year as time off from work for urgent family reasons.
2. Some leave shall be deducted from sick leave allowance.
The 2025 amendments have also introduced an important amendment:- the first sixteen hours availed of by the employee for urgent family reasons shall be deducted from the annual leave entitlement of the employee whilst the remaining sixteen hours availed of shall be deducted from the annual sick leave entitlement of the employee.
This is an important change because this means that the employee may avail of their own sick leave entitlement without actually being unfit for work.
These deductions would be made subject to the availability of the respective balances of the employee.
Commentary
It is clear that these amendments are aimed at creating a better work-life balance between the employee’s work and his own personal, family life. The Urgent Family Leave Regulations, 2004 (“Regulations”) (Subsidiary Legislation 452.88) were already stipulating that all employees are entitled to time off from work on grounds of force majeure for urgent family reasons in cases of sickness or accident making the immediate presence of the employee indispensable.
It is clear that the Law wants recourse to such urgent leave for compelling, urgent circumstances which must consist in sickness and accident, life and death. The Regulations, in fact, give as examples the presence during births and deaths of members of the immediate family of the employee, sudden illness or sickness of any member of the immediate family of the employee requiring the assistance or the present of the employee amongst others.
It is important to note that the right of the employer to demand evidence as may be necessary to verify and confirm the request for urgent leave by the employee has been left untouched by the amending legal notice. Hence, it remains the employer’s right to verify whether or not the claim by the employee for urgent family leave is substantiated by means of evidence and to demand such evidence as may be necessary to verify and confirm the request for urgent family leave by the employee. The underlying principle, however, remains one of proportionality and reasonableness.
Should you require any guidance on this matter or any other employment law matter, feel free to reach out to us.