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payment of annual leave

  • 04-12-2014 6:01pm
    #1
    from little acorns
    Closed Accounts Posts: 41 ✭


    Quick question ...

    I understand that minimum annual leave entitlement is 20 days.

    Say if an employees annual leave per contract is 24 days. At year end they have 9 days annual leave not taken.

    Employee wants to be paid for the leave (or as much of it as possible), employer is happy to do this.

    Can the employer pay the full 9 days, or only the 4 "extra" days, or any of it at all? And the remainder to be carried forward to following year.

    Thanks. (I hope the above makes sense!)


Comments

  • #2
    ted1
    Registered Users, Registered Users 2 Posts: 23,901 ✭✭✭✭ted1


    from little acorns wrote: »
    Quick question ...

    I understand that minimum annual leave entitlement is 20 days.

    Say if an employees annual leave per contract is 24 days. At year end they have 9 days annual leave not taken.

    Employee wants to be paid for the leave (or as much of it as possible), employer is happy to do this.

    Can the employer pay the full 9 days, or only the 4 "extra" days, or any of it at all? And the remainder to be carried forward to following year.

    Thanks. (I hope the above makes sense!)

    It's up to the employer. Some let you carry them, some let you cash them in, with some you lose them


  • #3
    from little acorns
    Closed Accounts Posts: 41 ✭from little acorns


    ted1 wrote: »
    It's up to the employer. Some let you carry them, some let you cash them in, with some you lose them

    Employer is perfectly happy to pay the whole lot but is unsure if it's legal


  • #4
    toadfly
    Registered Users, Registered Users 2 Posts: 3,412 ✭✭✭toadfly


    Statutory holidays cannot be paid in lieu of actually taking them. You could carry over and take it January?

    Not sure on the extra four days.


  • #5
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    OP if you have a fixed term contract which is coming to an end or you are leaving your job, then employer can pay you for any untaken leave you are contractual entitled to. If however you are an employee on a contract of indefinite duration, the employer absolutely cannot pay you for untaken leave. You need to read your contract, it may prohibit holidays being carried over so you may have to take leave before year end. Your employer is required to ensure you take your leave entitlement.


  • #6
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,375 CMod ✭✭✭✭Nody


    Can't pay the statutory days so only the 4 extra; at least that's what I've always been told and used as base line :)

    That's also supported by this pdf (page 11, second question) from the Department of Enterprise, Trade and Employment.


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  • #7
    from little acorns
    Closed Accounts Posts: 41 ✭from little acorns


    It's a permanent contract, employee in question isn't planning on leaving any time soon.

    So you absolutely cannot pay the days, even if both employee and employer are happy with this?

    The employer is happy to allow the days carry forward into next year - no issues there, the employee will not lose the days - but both parties would be much happier to pay the employee for the days.


  • #8
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    from little acorns wrote: »
    It's a permanent contract, employee in question isn't planning on leaving any time soon.

    So you absolutely cannot pay the days, even if both employee and employer are happy with this?

    The employer is happy to allow the days carry forward into next year - no issues there, the employee will not lose the days - but both parties would be much happier to pay the employee for the days.

    The statutory days can be carried forward, but cannot be paid for

    The additional days can have either done.


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