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Unpaid Leave - Effects on Employment Rights

  • 13-03-2011 10:20am
    #1
    fitness2010
    Closed Accounts Posts: 31 ✭


    Ok, to give you a brief background - I'm working with an tax consultancy firm in Dublin for the last 3 years, I went in as a trainee. It's debatable as to whether the contract I signed was a "training contract" or not. The contract allows for study leave but that's about it. It's not for any defined period of time etc...

    Anyway, it's my opinion that over the last 3 years I've been building up rights (such as a right to Statutory redundancy etc...). I know the firm have used the excuse the training contract was "an apprenticeship" and that got them out of statutory redundancy for the first 2/3 years.

    I'm wondering if I take unpaid leave for, say, 2 weeks will it break my service period etc... - i.e. will I be starting from new when I go back with them?

    Things have not been good where I am at the moment and while redundancy is out of the question for me at the moment things could change very quickly.


Comments

  • #2
    wmpdd3
    Registered Users, Registered Users 2 Posts: 9,626 ✭✭✭wmpdd3


    Have you exhausted all you holidays?


  • #3
    fitness2010
    Closed Accounts Posts: 31 ✭fitness2010


    Sorry for the delay in getting back to you.

    I have 24 annual leave days left. Of which I will use 5 in April and I have to use 3 at Christmas. Therefore I'll have 16 days left.

    So if I don't take unpaid leave then I'll be left with 1 day from, say, the end of August through to December, which isn't really viable.

    Ultimately I will have to take 1 week unpaid leave at a very minimum if this is going to work for me.


  • #4
    Eoin
    Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    I would not think that unpaid leave would mean any break in your service at all, but that could depend on your contract.

    Will they even let you take that much leave when you have so much regular leave accrued?


  • #5
    fitness2010
    Closed Accounts Posts: 31 ✭fitness2010


    I don't know to be honest.

    It's doing my nut in!


  • #6
    Eoin
    Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    I think the first thing to do is try and get your hands on any HR type policies you can find and see if they cover it. I can't imagine that unpaid leave could lead to a break in your service history, but www.citizensinformation.ie doesn't seem to have any info on this at all, which is normally my first port of call.

    I think you need to find out if granting unpaid leave is a policy they have - and if they would want to give it to someone who has so much leave left to use.

    Would you not take your normal leave for the 2 weeks, and see if you can take less unpaid leave later on the year?


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