We have an employee on long term sick leave who claims they are entitled to carry over their contractual annual leave entitlement from one leave year to the next? What leave are they entitled to carry over and for how long?Posted in : First Tuesday Q&A ROI on 3 April 2018
Sections 19 and 20 of the Organisation of Working Time Act 1997 govern the entitlement of employees to accrue annual leave while they are on certified sick leave and to carry that leave forward from one leave year to the next in certain circumstances. In summary, an employee on certified sick leave continues to accrue annual leave and if, by reason of their illness, they are unable to take that accrued leave in the leave year, they can carry the leave forward to be used within 15 months of the end of the leave year.
It is important to note that the Organisation of Working Time Act 1997 only provides for the accrual and carryover of statutory leave, and not contractual leave in excess of an
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
More from the First Tuesday Q&A
On-Call Working - Your Questions Answered
Posted in: First Tuesday Q&A ROI on 07 December 2021
Mandatory Retirement Age - Your Questions Answered
Posted in: First Tuesday Q&A ROI on 01 November 2021
Reasonable Accommodation - Your Questions Answered
Posted in: First Tuesday Q&A ROI on 04 October 2021
The Return to the Office – Your Questions Answered
Posted in: First Tuesday Q&A ROI on 07 September 2021
Gender Pay Gap Reporting – Your Questions Answered
Posted in: First Tuesday Q&A ROI on 03 August 2021
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.