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

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

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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

View all articles by Zelda Cunningham