Regarding the accrual of annual leave while on sick leave: What are the rules around accrual of annual leave while on sick leave? And if an employee has been absent for a period of time and does not accrue annual leave but does work 1365 hours at the end of the year – are they still entitled to full yearly holiday entitlement.

Posted in : First Tuesday Q&A ROI on 4 February 2014
Zelda Cunningham
Arthur Cox
Issues covered:

In Ireland, annual leave does not accrue for private sector employees during sick leave. This position was confirmed by the Labour Court in Roskell Ltd v. Armands Rikmanis (WTC/11/235).

However, it has been noted that the Organisation of Working Time Act 1997 (the “Act”) is inconsistent with the EU Working Time Directive 2003/88 (the “Directive”) which has been interpreted by the Court of Justice of the European Union (“CJEU”) as providing that employees are entitled to accrue annual leave while on sick leave. (See Stringer v Revenue and Customs Commissioners and Schultz-Hoff v Deutsche Rentenversicherung Bund; Dominguez v Centre Informatique du Centre Ouest Atlantique, Prefet de la

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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

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