Does annual Leave accrue when an employee is on sick leave?

Posted in : First Tuesday Q&A ROI on 1 October 2013
Zelda Cunningham
Arthur Cox
Issues covered:

While Irish legislation provides that annual leave does not accrue while employee is on sick leave, European case law has changed the position for public sector employees and, further, cast doubt on a private employers ability to rely on the Irish statutory provisions.

Under the Organisation of Working Time Act 1997 (the “1997 Act”), annual leave is calculated by reference to the amount of time actually worked by an employee, meaning that the position has been that employees cannot accrue annual leave while on sick leave.

However, in 2009, the Court of Justice of the European Union (“CJEU”) held in the joint reference of Stringer v Revenue and Customs Commissioners and Schultz-Hoff v

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

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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

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