Carrying forward of Annual Leave

CBCB2

Hi,

Does anyone know if it's legal for a company to refuse to let you to carry forward annual leave?

I would like to carry 2 days from this year and use them the last week in January in 2013. As I have nothing planned for them now & it saves me burning into my 2013 leave too early.

The company has said no, but I was told that under EU legislation they have to let you carry up to 5 days over provided that you use them in the first 3 months of the year. Does anyone know if this is correct?

Any help would be appreciated.

Thanks a mill!

edellc

CBCB2 wrote: »

Hi,

Does anyone know if it's legal for a company to refuse to let you to carry forward annual leave?

I would like to carry 2 days from this year and use them the last week in January in 2013. As I have nothing planned for them now & it saves me burning into my 2013 leave too early.

The company has said no, but I was told that under EU legislation they have to let you carry up to 5 days over provided that you use them in the first 3 months of the year. Does anyone know if this is correct?

Any help would be appreciated.

Thanks a mill!

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

link above with appropriate numbers to contact and inquire

But as far as I know you are not allowed to carry days over and they must be taken within the appropriate year and at your employers discretion

Could you image the logistical nightmare for payroll if employees where allowed to carry days over...

CBCB2

Thanks for that. It looks like you're correct. It's just nice to have it confirmed.

Thanks again!

Mrs OBumble

edellc wrote: »

Could you image the logistical nightmare for payroll if employees where allowed to carry days over...

It can't be that much of a nightmare, 'cos many companies do allow it. But you're right, it is at the employer's discretion not a legal requirement.

tatli_lokma

Purely at the employers discretion. As long as you get your statutory entitlement within the year (20 days for full time workers) then they are perfectly within the law. So the 2 days you have remaining (provided they are part of the 20 days statutory) cannot be done away with, so between now and 31st December you should still be given your 2 days. This may result in your employer literally telling you when you are to take these two days off. But they cannot be 'lost' as that is against the law.

However, if say, you get 22 days leave a year, and you don't take these additional 2 days then you can loose the 2 days, as they are not part of the statutory entitlement.

Procrastastudy

+1 on the above - you HAVE to take your statutory holiday within a year. So while they may say you can't carry them forward they have to provide you with time off if its the basic annual leave.

tatli_lokma

Mrs OBumble wrote: »

It can't be that much of a nightmare, 'cos many companies do allow it. But you're right, it is at the employer's discretion not a legal requirement.

It is definitely a nightmare if the company works on an accrual accounting policy, as all leave must be accrued for. If you had a headcount of 100 people, all with 2 days leave carried over then this could result in your liability for next year being significantly higher than it needs to be.

Also, many companies would argue, if you had difficulty taking 20 days this year, then what assurance do I have that you will be able to use 22 days next year? so unless you can provide a reasonable case as to what purpose you are carrying these days forward for, it is fair enough if they refuse.

In general it just makes things simpler if you either do not allow it at all, or only allow it up to a maximum (i.e up to 5 days carry over to be used by end of March of the next year). I deal with HR and payroll and whilst its not the worst thing I have to do, it is a right pain and it would be a much simpler process if managers managed leave correctly and ensured their staff took it when they are supposed to.

There is also the H&S element, and allowing staff to build up leave in excess of 5 days could be argued to have contributed to a case of workplace stress or if an accident occurred as it is the responsibility of the employer to ensure adequate rest and recuperation is given to employees.

CBCB2

Ok thanks everyone.

It is out of my 20 days as that's all we get. I guess I'll just have to use it the next two months. I worked semi-state in my last job & there were no restrictions on carrying forward. This must be where I was getting confused. Plus we had above statutory leave.

The problem mainly arises as I was told I'd need to keep 4 days for Christmas but only got told a week ago that I'll have to work 2 of those days, leaving me with 2 days. Believe me if I'd known earlier in the year there'd be none left at this point. I've skiing booked for Jan it would just help if I could use them then rather than taking 2 days in the next few weeks for nothing.

But nothing I can do to change things now. I just wanted to check was there anything I can do. I may just take the 2 days in the next few weeks & enjoy the sleep ins!!

Thanks again everyone!