Can a company enforce a policy that annual leave must be taken within the leave year and not allow any carry forward of holidays?Posted in : First Tuesday Q&A ROI on 3 July 2018
Yes. The Organisation of Working Time Act 1997 (the Act) outlines an employee's statutory entitlement to take paid annual leave during a prescribed "leave year". The precise times at which such annual leave is taken is a matter for the relevant employer.
The rationale behind employees' annual leave entitlements is very important. The Working Time Directive 2003/88/EC (on which the Act is based) states that an employee must be entitled to actual rest with a view to ensuring protection of his/her health and safety. There is a responsibility on the employer to ensure the employees can use their annual leave during the relevant leave year – in order to rest and relax.
Ideally all annual
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