Does an employee who is on unpaid sick leave accrue statutory annual leave according to the Workplace Relations Act?

Posted in : First Tuesday Q&A ROI on 6 June 2016
Zelda Cunningham
Arthur Cox

Yes. The Workplace Relations Act 2015 amended the Organisation of Working Time Act 1997 (the “Act”) to provide that employees who are on certified sick leave accrue statutory annual leave with effect from 1 August 2015.

Annual leave is accrued during sick leave, subject to the following:

  • The sick leave must be medically certified by a medical practitioner.
  • An annual leave carryover period of 15 months after a leave year will apply to those employees who could not, due to illness, take annual leave during the relevant leave year or during the normal carryover period of 6 months.
  • Employees are only entitled to accrue their statutory minimum annual leave, for example, 4 working weeks – not their contractual annual leave.
  • The Act is not retrospective, and therefore employees can only accrue annual leave during

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Back to Q&A's This article is correct at 06/06/2016
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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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