We have a number of staff carrying over a lot of annual leave. Can we insist on the annual leave being taken within the year or do we have to allow them to carry the leave? Over the years the taking of annual level within the year has never been enforced.

Posted in : First Tuesday Q&A ROI on 5 September 2012
A&L Goodbody
A&L Goodbody
Issues covered:

Most employers require their employees to take their annual leave within the leave year. Many allow employees to carry over leave into the next leave year subject to conditions such as up to a maximum of 5 days; to be taken within the first 3 months of the next leave year; and/or only in exceptional circumstances with the express consent of a specified manager.

The contract of employment should contain an appropriate clause. If the contract is silent on carry-over or, as it appears in this case, a custom and practice of carrying over without limitation has developed, the change to the new practice should be treated as a contractual variation exercise. Broadly speaking, consultation, notice,

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Back to Q&A's This article is correct at 02/09/2015

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.

A&L Goodbody
A&L Goodbody

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