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
Issues covered:

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 sick leave since with effect from 1 August 2015 (when the Act came into effect).

The leave year for

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

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.

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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