When calculating employee’s holiday entitlement, should it be done on pro rata basis? E.g. If "Sam" works 5 days per week at 37.5 hours and gets 20 days annual leave entitlement per annum, then takes a step back to 4 days per week, how should his annual leave entitlement then be calculated?

Posted in : First Tuesday Q&A ROI on 6 January 2015
Elaine Mettler
Arthur Cox
Issues covered:

Under the Organisation of Working Time Act, 1997 (the “Act”), employees are entitled to paid annual leave, calculated as one of the following:

  • (a) 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment),
  • (b) one-third of a working week for each month in the leave year in which he or she works at least 117 hours, or;
  • (c) 8 per cent of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks).

Employees are entitled to avail of whichever of the above options provides him/her with the longest amount of leave.

This entitlement is in addition to paid leave, time-off in

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.

Elaine Mettler
Arthur Cox

The main content of this article was provided by Elaine Mettler. Contact telephone number is +353 1 618 0000 or email elaine.mettler@arthurcox.com

View all articles by Elaine Mettler