Accrual of annual leave while on sick leave. Where a person is absent for 3 full years, will they have 3 years annual leave accrued or do they lose entitlement for a particular year if they do not return to work within 15 months of the end of the relevant year in which it would accrue?

Posted in : First Tuesday Q&A ROI on 3 May 2016
Zelda Cunningham
Arthur Cox
Issues covered:

With effect from 1 August 2015, Ireland has now implemented a statutory basis for the accrual of annual leave during certified sick leave. The Workplace Relations Act 2015 (the “Act”), which amends s.19 of the Organisation of Working Time Act 1997 to the effect that employees who are unable to take their statutory leave entitlements during a leave year due to a period of absence on certified sick leave will accrue statutory leave for that year to be used within a period of 15 months after the end of the applicable leave year. 

The accrual is limited to statutory annual leave days and does not entitle an employee to accrue contractual annual leave days over and above this amount (unless

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Back to Q&A's This article is correct at 03/05/2016

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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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