If a person is claiming SW while on Sick Leave they cannot also be paid holidays by the company therefore they are not using up their annual leave – so practically how will this work?

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

Last month's Q2 asked whether it was possible to prevent employees from taking annual leave when they were on sick leave. Our response was, essentially, why would you want to? Pursuant to a number of ECJ cases, an employee who has not had an opportunity to take annual leave retains the entitlement and if employment is subsequently terminated, is entitled to be paid in lieu of this leave. Employers should not therefore discourage employees from taking annual leave during sick leave, should they request it.

Other practical reasons for allowing/encouraging employees to take annual leave during sick leave are:

a) the holiday (particularly in mental health cases) may assist their recovery;


Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

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

The main content of this article was provided by A&L Goodbody. Contact telephone number is +353 1 649 2000 or email dublin@algoodbody.com

View all articles by A&L Goodbody