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Can I claim Annual Leave Payment

  • 10-09-2010 7:43pm
    #1
    alexlyons
    Registered Users, Registered Users 2 Posts: 2,182 ✭✭✭


    I work part time, and I'm wondering can I walk into my boss and ask for my annual leave payment of 8% of all hours worked, or do I have to wait until the end of the year? As my hours change, I can't really take x amount of days off.

    Thoughts would be great.


Comments

  • #2
    Clauric
    Registered Users, Registered Users 2 Posts: 610 ✭✭✭Clauric


    You must take your holiday leave. You may not get paid in lieu of holidays, unless you are leaving. Your employer is in breach of the law if me pays you in lieu of your holidays.

    With regard to the amount of time off/holidays/leave you are entitled to, there are three ways of calculating it:

    1. If you work more than 1300 hours per year, you are entitled to 20 days off.
    2. If you work more than 117 hours in any given month, you are entitled to 1.667 days off, for that month.
    3. If you work less than 117 hours per month, in any given month, you are entitled to 8% of the time you actually worked.
    You are entitled to take whichever of these options, or combination of options, that is most to your advantage. However, you must be eligible to use the option.


  • #3
    alexlyons
    Registered Users, Registered Users 2 Posts: 2,182 ✭✭✭alexlyons


    but what if i didn't take them in the year? then i'm entitled to be payed for them.

    I know I'm entitled to 8%.

    but as I'm part time, and my hours change, technically they just pay me annual leave. in order for me to "take payed days off" they would need to specifically roster me when they know I'm not ging to work, and then roster somebody else on, and pay the both of us... Why don't they just leave the hours as they are, and just pay me the 8% of what I worked? If you want to be very technical about that, they could just say "oh ye he was meant to work on day x y and z but took his annual leave...

    like basically it'd just be by passing the stupidness of having to roster me for hours i'm never going to work. bottom line is, can I claim it at any stage?


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