If an employee returns from long-term absence, can they be paid rather than taking the entitlement accrued within the 15 month period?

Posted in : First Tuesday Q&A ROI on 5 January 2016
Zelda Cunningham
Arthur Cox
Issues covered:

Since 1 August 2015, following the amendment of the Organisation of Working Time Act 1997 by the Workplace Relations Act 2015, an annual leave carryover period of 15 months after a leave year will apply to employees who could not, due to medically certified illness, take annual leave during the relevant leave year or during the normal carryover period of 6 months.

Under the Organisation of Working Time Act 1997, employers are prohibited from paying employees in lieu of their annual leave entitlement – this would include any annual leave accrued during sick leave.

However, the Act allows for an exception to this when the employee is ceasing employment, in which case, the employer can pay an

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Back to Q&A's This article is correct at 05/01/2016

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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 zelda.cunningham@arthurcox.com

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