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

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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

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