20 days annual leave, do you have to take them?

Toolbag

I've got a question, if you have 20+ days annual leave per year in a full time job, does employment law require you to take at least 20 of them in a calendar year? Assuming there is no clause written into your contract to this effect.

I know you're entitled to 20, but I couldn’t find any legislation saying you need to take them.

Thanks

AlmightyCushion

Why wouldn't you want to take them?

keefg

It varies from company to company, the policy in most companies is "Use them or lose them" within 12 months and you cannot carry them over.

There are very few companies who allow their staff to carry unused hols but this is quite an old practice and very rare nowadays.

seamus

Your annual leave is obligatory.

You are not allowed to cash them in. Your employer has a duty to ensure that you take them all within the calendar year or within six months with your agreement. Failure for you to take your annual leave may result in bad things happening to your employer. Your employer cannot say "Use them within X or they're gone" - it is employer's responsibility to decide when you take annual leave.

watna

They're not going to force you to go on holidays but you won't get paid extra for not taking them. You'll get paid the same salary monthly but will be in work 20 more days then you need to be. You'd be mad not to take them. Why work when you don't have to? Even if you just sit at home, take them!

mikemac

I’m in banking and IFRSA (the regulators) have a rule that you have to take 10 consecutive days every 12 months.
It isn’t realy enforced but it is highlighted to all staff

AARRRGH

micmclo wrote: »

I’m in banking and IFRSA (the regulators) have a rule that you have to take 10 consecutive days every 12 months.
It isn’t realy enforced but it is highlighted to all staff

Isn't that due to the fraud stuff? Basically they want someone else to do your job for two weeks to ensure you're not hiding anything...

mikemac

dublindude wrote: »

Isn't that due to the fraud stuff? Basically they want someone else to do your job for two weeks to ensure you're not hiding anything...

Yep, that's the reason.
Though they haven't picked up the errors I'm hiding......yet

Toolbag

Thanks for the replies.

Let's say, hypothetically, that you are able to carry over 4 days to stack with next year days. And you start with 21 days holidays. Are you legally allowed to take just 17 of them this calendar year and take all four over for use next year (say within the first 6 months). Or do HAVE to take 20 this year thus only being able to carry over 1.

I'm not talking about not using the days, that's crazy

seamus

Toolbag wrote: »

Thanks for the replies.

Let's say, hypothetically, that you are able to carry over 4 days to stack with next year days. And you start with 21 days holidays. Are you legally allowed to take just 17 of them this calendar year and take all four over for use next year (say within the first 6 months). Or do HAVE to take 20 this year thus only being able to carry over 1.

I'm not talking about not using the days, that's crazy

Provided that your employer has agreed it with you, then you can take over 4 days to the next year and use them within the first six months.

If your employer insists that you take all twenty this year, then you must.

Quality

Why dont you just address your hr dept or boss. I am sure they will set you straight on company policy.

rick_fantastic

im carrying over 6 days to next year. had lots of time in lieu days though all year. i think its down to the employer.

i have to take the 6 days within first three months.

Saint_Mel

My company only brought in a restriction on carrying days when a colleague
carried 18 days holidays over last year (this had been built up from carrying
days over for a few years) and ended up taking the month of January off.

It's restricted to 3 days now I think.

They also say that you have to take a 2 week block off, but not everyone
plans for a 2 week summer holiday so they dont really enforce that one.

BC

Its up to the company - you would need to check with HR.

We are allowed to carry days until March of the following year and then possibly carry some to June but thats only with special permission from your manager.

dudara

Check with your HR department. A lot of companies would allow you to carry some days over to the next year, but with some caveats attached, i.e. you have to use them in the first 3 months of the year or so.

I got to Novemeber this year with 10 days of holidays still left (out of 24). Things had been so busy I just hadn't used them. So I booked a few Fridays off, I'm taking slightly longer xmas hols and I will be carrying 2 over to the New year.

A quick chat to the HR department will help sort things out.

jester77

Any company I've worked for has allowed me to take over days into the next year. There is usually a cap, 10 days, and these days must be taken within the first 6 months, some companies it would be 3 months. Check with HR for the company policy regarding this!

I'm taking 8 over to next year, 38 days hols for me for next year

January

I have days leftover and my employer insisted I took them before the new year as a result I get from the 17th of December untill the 2nd of January off. Yay!

microgirl

Toolbag wrote: »

I've got a question, if you have 20+ days annual leave per year in a full time job, does employment law require you to take at least 20 of them in a calendar year? Assuming there is no clause written into your contract to this effect.

I know you're entitled to 20, but I couldn’t find any legislation saying you need to take them.

Thanks

Far as I know you do, yes. Your employer is legally obliged to make sure you get enough rest time. If, under exceptional circumstances, you can't take your 20 days some employers will allow you to carry a limited number over into the next year, but usually you'll have to use them in the first few months, and you can only do that for a couple of years. Anyone I know who's had days outstanding coming to the end of the year has been told in no uncertain terms to take them. One girl took a random week in early December for no reason, because she still had 10 days left. Your employer will ultimately get in trouble if you don't take your holidays, is my understanding.

microgirl

jester77 wrote: »

Any company I've worked for has allowed me to take over days into the next year. There is usually a cap, 10 days, and these days must be taken within the first 6 months, some companies it would be 3 months. Check with HR for the company policy regarding this!

I'm taking 8 over to next year, 38 days hols for me for next year

You have 30 days annual leave?!! *killz j00*

dazberry

The year that was in it (last year) I ended up carrying over 16 days. Since I was also spending my Saturdays in a classroom training (off my own bat) - I used them to take off every Monday until they were used

My boss who was aware of the situation had the mantra of asking for forgiveness not permission, so when the powers above realised what was happening it was too late . Having a total of 38 days this year, it looks like I'll by carrying 5, hopefully I'll get away with it and not be made an example of for having abused the system in the past.

D.