Unpaid Leave for Medical Care Purposes Policy

Dublin City University (DCU) is committed to providing an equal, inclusive and diverse environment in which all members of the University community should expect to be able to thrive and be respected and valued for their unique perspectives and contributions. This policy specifies the arrangements in place at Dublin City University for the administration and monitoring of the University’s Unpaid Leave for Medical Care. Leave for medical care purposes is a short-term unpaid leave that employees can avail of for the purposes of providing personal care or support to certain specified persons as set out below.

The purpose of this policy is to provide clarity regarding entitlements to unpaid leave for medical care purposes within Dublin City University (hereinafter referred to as the ‘University’) in accordance with the Work Life Balance and Miscellaneous Provisions Act 2023, S.I. 341/2023 as amended. 

This policy applies to all units of the University, both academic and professional employees, including its research centres and its wholly owned campus companies. These are all hereinafter collectively referred to as the ‘University’.

It is the policy of the University to introduce and fully implement the terms and provisions of the Work Life Balance and Miscellaneous Provisions Act 2023, S.I. 341/2023 as amended having regard to the University's operational requirements.

This is in addition to existing statutory entitlements to Carer’s Leave and Force Majeure Leave.

Eligibility to Unpaid Leave for Medical Care Purposes

An employee can apply for Unpaid Leave for Medical Care Purposes to provide personal care or support for a serious medical reason to their:  

• Child (including adopted child, stepchild and child being cared for on the basis of ‘in loco parentis')  
• Spouse or civil partner  
• Cohabitant  
• Parent or grandparent  
• Brother or sister  
• Housemate (Person who resides in the same house as the employee, other than those listed above) 

An employee on Unpaid Leave for Medical Care Purposes may not engage in any other paid employment.

Entitlement to Unpaid Leave for Medical Care Purposes

A person is considered to be in need of significant care or support for a serious medical reason where, owing to the person’s disability, injury or illness, they require such care or support that includes the presence of the employee at the place where the person is in need of care. 

Unpaid Leave for Medical Care Purposes shall consist of one or more days where the employee would otherwise be working.  The entitlement applies when the presence of the employee is required at the place where the disabled/ill/injured person is located. Unpaid leave for medical care is for days an employee would otherwise be working.

Unpaid Leave for Medical Care Purposes must not exceed a maximum of 5 working days in a consecutive 12 months.

Absence on Unpaid Leave for Medical Care Purposes for part of a day constitutes an absence for a full day.

There is no minimum service requirement for the leave.

Employment Rights During Unpaid Leave for Medical Care Purposes

An employee on Unpaid Leave for Medical Care Purposes is deemed for all purposes to be in employment at that time, with the exception of remuneration and superannuation.

For the duration of the Unpaid Leave for Medical Care Purposes, annual leave and public holiday entitlements will continue to be accrued. Service will also continue to remain unbroken, and increments will continue to apply. 

Unpaid Leave for Medical Care Purposes cannot be taken concurrently with any other form of leave. An employee who is absent on another form of statutory or non-statutory leave may not be granted Unpaid Leave for Medical Care Purposes instead of that leave.

You continue to have rights to statutory annual leave and public holidays if you take unpaid Medical Care Leave.

Application Process

The employee must notify their Head of School/Unit as soon as reasonably practical and must specify dates of Unpaid Leave for Medical Care Purposes, and reason for leave.

Due to the nature of leave for Unpaid Leave for Medical Care Purposes it may not be possible to apply for the leave in advance. However, where it is possible to provide advance notice of an intention to take leave for medical care purposes, employees are encouraged to do so.

Application for Unpaid Leave for Medical Care Purposes must be made using the Unpaid Leave for Medical Care Purposes form available from the DCU People website.

The employee must complete the Unpaid Leave for Medical Care Purpose Form which will confirm the start date, length of leave and why you consider you are entitled to the leave. You may be asked to give information about your relationship to the person you are caring for, the nature of the care and support and evidence showing that the person needs significant care or support.

The University may at their discretion, request supporting documentation, such as a medical letter to support the employee’s application. The medical letter does not need to state the nature of the medical condition. It only needs to be a statement of fact that the person is, or was, in need of significant care or support for a serious medical reason.

The Application Form must be signed by the Head of School/Unit and submitted to DCU People by email to askdcupeople@dcu.ie.

A letter confirming the leave has been granted will be issued by DCU People to the employee.

The roles and responsibilities of staff engaging with this policy are as follows.

The Employee 

 ● Read this policy and be aware of their entitlements as well as their obligations.  

● Inform their Head of School/Unit as soon as possible of their need to take Unpaid Leave for Medical Care Purposes.  

● Ensure that the Unpaid Leave for Medical Care Purposes Form, signed by the Head of School/Unit is submitted to DCU People by email (askdcupeople@dcu.ie), as soon as reasonably practicable. 

● Apply for the Unpaid Leave for Medical Care Purposes through Core Portal.

● Keep a record of the documentation and paperwork issued in relation to their leave request. 

● Engage in discussions with their Line Manager regarding their return from leave and to explore any support that may be appropriate.

The Line Manager 

● Read this policy and be aware of employees’ entitlements.  

● Seek guidance and support from DCU People on the implementation of the policy. 

● Provide relevant support to the employee, including supports available under the Employee Assistance Service. 

● Consider and explore any employee request for additional time off, for example  unpaid leave or annual leave. 

● Upon the employee’s return from leave, ensure a discussion takes place with the employee to assist them with their return.

DCU People

● Ensure that employees are aware of this policy.  

● Respond promptly to employee requests for Unpaid Leave for Medical Care Purposes. 

● Process all applications for Unpaid Leave for Medical Care Purposes in a timely manner. 

● Will have final approval of Unpaid Leave for Medical Care Purposes having regard to all information relating to the leave request. 

● Issue the employee with an Unpaid Leave for Medical Care Purposes letter confirming the approval of the leave. 

● Ensure that all documents are sent to the employee with a copy retained by the University. 

● Will update the employee’s leave record and personal file. 

● Provide information on support services, such as the Employee Assistance Service. 

● Carry out equality monitoring of leave applications and uptake.

The University may take appropriate action in the case of misuse of Unpaid Leave for Medical Care Purposes. This may include formal disciplinary action.

Any queries regarding this policy should be directed to;

E:  askdcupeople@dcu.ie 

Tel: 01 700 5149

This policy will be reviewed every 3 years or as soon as practicable after there has been a substantial change in any matter to which this policy refers.