Is annual leave accrued on a period of paid suspension? If an employee is suspended from work pending a disciplinary investigation, is there an entitlement to accrue annual leave? Ideally we would like to adjust our annual leave policy to state that whilst on paid suspension you do not accrue annual leave but we’re not 100% sure of the implications of this.

Posted in : First Tuesday Q&A ROI on 6 March 2012
Zelda Cunningham
Arthur Cox

Entitlement to annual leave generally relates to time worked. There are exceptions to this rule such as for example where a person is on maternity leave in which case they are treated as if they are still at work (except for remuneration purposes). In those circumstances annual leave continues to accrue. There is no similar statutory protection where someone is on paid suspension pending a disciplinary investigation. It is therefore a matter of contract between the parties.

However, suspension is intended to be a neutral act without prejudice to the outcome of the disciplinary investigation.

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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