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Annual leave entitlement

  • 09-12-2013 1:44pm
    #1
    Registered Users, Registered Users 2 Posts: 121 ✭✭


    I work a shift pattern of 48 hours one week, Thursday, Friday, Saturday, Sunday and 36 the following week Thursday, Friday, Saturday.
    The question I have is related to annual leave. The company I work for, shuts down over the Christmas. I have to use my annual leave over this period for the 26th, 27th, 28th and 29th of December. I don't mind using annual leave up for 27th, 28th and 29th but I see no logic in having to use it on the 26th, to be paid double as I'm already getting paid for the bank holiday itself.
    Do I have a case to argue with my employer, transferring my annual leave on the 26th, to a day that I can use as an annual leave day before Christmas. Another reason is that I won't see much of the annual leave pay as I'll be in the higher tax threshold.

    Thanks for your response!


Comments

  • Registered Users, Registered Users 2 Posts: 264 ✭✭maneno


    Wizzy2011 wrote: »
    I work a shift pattern of 48 hours one week, Thursday, Friday, Saturday, Sunday and 36 the following week Thursday, Friday, Saturday.
    The question I have is related to annual leave. The company I work for, shuts down over the Christmas. I have to use my annual leave over this period for the 26th, 27th, 28th and 29th of December. I don't mind using annual leave up for 27th, 28th and 29th but I see no logic in having to use it on the 26th, to be paid double as I'm already getting paid for the bank holiday itself.
    Do I have a case to argue with my employer, transferring my annual leave on the 26th, to a day that I can use as an annual leave day before Christmas. Another reason is that I won't see much of the annual leave pay as I'll be in the higher tax threshold.

    Thanks for your response!

    afaik,26th is a bank holiday,it shouldn't form part of AL


  • Registered Users, Registered Users 2 Posts: 2,691 ✭✭✭michellie


    Yep, the 26th is down as a bank holiday on my holiday schedule too. Shouldn't be using holidays for that day.


  • Registered Users, Registered Users 2 Posts: 121 ✭✭Wizzy2011


    My employer is adamant that I have to use my voluntary holiday on this day, is there any employment law to press my point forward?


  • Registered Users, Registered Users 2 Posts: 6,344 ✭✭✭Thoie


    http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html#l1f4da

    The problem may be coming in that you won't have worked 40 hours per week for the 5 weeks in advance. You will, however, have worked an average of 42 hours, so not sure if that can be taken into account.

    I misread it - you just have to have worked 40 hours in total in the previous 5 weeks, not 40 hours per week.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    If you habitually work bank holidays- and the company is closed on this bank holiday in particular- then it would normally come out of Annual Leave. It all comes down to whether you'd normally be expected to work the bank holiday, or not.


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  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    If you habitually work bank holidays- and the company is closed on this bank holiday in particular- then it would normally come out of Annual Leave. It all comes down to whether you'd normally be expected to work the bank holiday, or not.

    This applied to me in one job I had where we worked a 24/7/365 rota, we always got paid for bank holidays but if you took one off it came out of AL


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