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
Clodagh Hogan
A&L Goodbody
Issues covered:

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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Back to Q&A's This article is correct at 03/07/2018
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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.

Clodagh Hogan
A&L Goodbody

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

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