Is it possible to include a clause in employment contracts that allows the employer the possibility to ask the employee to use their accrued annual leave during his/her notice period?
Posted in : First Tuesday Q&A ROI on 5 August 2015
Elaine Mettler
Arthur Cox
A clause that provides an employer with the discretion to require employees to take all accrued annual leave during their notice period upon termination can be provided for in a contract of employment.
However, as set out in the Organisation of Working Time Act 1997, if the employee does not take all his/her leave during the notice period, the employer must pay the employee in lieu of accrued but untaken annual leave in respect of the last year of his/her employment.
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Elaine Mettler
Arthur Cox
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