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Family emergency

Few situations are more distressing than learning of a family bereavement or critical illness while at sea, thousands of miles from home. MLC 2006 Standard A2.5.1 sets out the grounds under which a seafarer is entitled to repatriation at the shipowner's expense. Death or critical illness of an immediate family member is recognised in many flag-state implementing laws and in the ITF/IBF collective bargaining framework — but the entitlement is not automatic in every contract, and knowing what evidence to gather and who to call first is essential.

The MLC framework for repatriation

MLC Standard A2.5.1 requires flag states to set minimum grounds for owner-paid repatriation in national legislation. The Convention's own list of grounds includes:

Many flag states and CBAs extend these grounds to include death or critical illness of an immediate family member. The ITF International Bargaining Forum (IBF) model CBA explicitly includes family bereavement and critical illness as automatic repatriation triggers. Check your SEA, your CBA, and your flag state's MLC implementing legislation — all three may apply simultaneously.

Evidence required

The shipping-master role

In flag states that operate a shipping-master system — including Liberia, the Marshall Islands, and the UK (via the Maritime and Coastguard Agency) — the shipping master is the government official who:

Contact the flag-state shipping master's office as soon as possible — in parallel with notifying the master and DPA. Delay in filing can complicate the claim.

P&I club involvement

Most shipowners are covered by a Protection & Indemnity (P&I) club that carries MLC crew liability insurance. When repatriation is triggered, the P&I club covers the cost of flights, transfer to the nearest airport, and associated expenses. The shipowner's manager should file the P&I claim; if they do not, the ITF inspector or ISWAN can assist you in making a direct welfare application.

Escalation steps if sign-off is refused

  1. Provide the evidence to the master in writing and request a written response within 24 hours.
  2. Contact the company DPA directly — the onboard complaint procedure (MLC Std A5.1.5) applies.
  3. Contact the ITF inspector at the next port of call — ITF can intervene rapidly and has legal leverage.
  4. Contact ISWAN SeafarerHelp (24/7, free, multilingual) for immediate welfare support and advice.
  5. File with the flag-state shipping master's office citing MLC Std A2.5.1 and your SEA grounds.
  6. At the next port, raise the issue with PSC officers — a refusal to repatriate in breach of MLC is a detainable deficiency.

Frequently asked questions

Primary sources

See also

Disclaimer. General information only — not legal advice. Rules vary by flag state, port state, vessel type, applicable CBA, and contract. For specific cases, contact the ITF, ISWAN, your union, or a maritime lawyer.