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Maximum working days and annual leave

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  • 13-08-2015 10:23am
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    I have two things that I want to check. Firstly is there any regulation on the maximum amount of days I can get someone to work in a row? Or am I okay as long as they get 2 days off a week? For example, can I give someone Friday off this week, and then rota them for Saturday this week to Friday next week and give them Saturday and Sunday off next week?

    Secondly in relation to annual leave, we are pretty stuck for cover at the moment. I have a guy on annual leave next week, who has offered to cover shifts in another location for us during his annual leave but only if he can take the annual leave at the same time. So he would be on annual leave from his primary place of work and getting paid for that. Am I okay to then rota him for a different place and pay him wages for those days? I wanted to change his annual leave but he's only interested if he can get wages and annual leave for the days.


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    #2
    Mrs OBumble
    Registered Users Posts: 25,752 ✭✭✭✭Mrs OBumble


    Pretty sure that the 2nd bit is illegal, unless he's actually working for a totally different company during the A/L.


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    #3
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    You cannot both be working and on AL at the same time.

    Two Options:

    (1) Simply pay the person double time in recognition that they are working time that they are entitled to be off. (Treat the week like it was a bank-holiday.) Cancel booked AL.

    (2) Credit the person with additional AL in recognition of their willingness to fill in on short notice and cancel their booked AL. (You might call this time in lieu rather thanAL)

    For Example: 10 Day Al balance books week off, cancels at your request, add 5 days AL to increase outstanding balance to 15 days.


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    #4
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    As said, the second bit is not legal. You cannot be on annual leave and be working (either actively or on-call) at the same time.

    The first bit is fine as a one off. Employees are entitled to a full 24 hours off in every 7 days, or a full 48 hours off in every 14.

    It's average working hours you need to watch out for; their average working week cannot exceed 48 hours. This is calculated over the last 4 months. So your arrangement is grand if it's a one-off. If you plan on doing it a lot, you need to watch that average.


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