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
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