Location: Rep.of Ireland
Northern Ireland
Location: Rep.of Ireland
Northern Ireland
Home / Articles First Tuesday Q&A ROI

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
Michael Doyle
A&L Goodbody
Issues covered:

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.

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.

Already a subscriber, now or Start my free trial today

More from the First Tuesday Q&A

Back to Q&A's This article is correct at 03/04/2018
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.

Michael Doyle
A&L Goodbody

The main content of this article was provided by Michael Doyle. Contact telephone number is +353 1 649 2000 or email mvdoyle@algoodbody.com

View all articles by Michael Doyle