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Employee rights and holidays

  • 29-12-2015 9:54pm
    #1
    Banned (with Prison Access) Posts: 541 ✭✭✭


    I was wondering what employees rights are regarding holidays specific to how much notice is needed and if you do give alot of notice can they refuse, for example for 1 want to go on holidays for 2 weeks in March and give my notice , is an employer entitled to refuse even if you give 3 months notice?


Comments

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


    I was wondering what employees rights are regarding holidays specific to how much notice is needed and if you do give alot of notice can they refuse, for example for 1 want to go on holidays for 2 weeks in March and give my notice , is an employer entitled to refuse even if you give 3 months notice?

    Yes. Dates for annual leave are at the discretion of the employer but they must take family circumstances into account. Also, you are only entitled to annual leave accrued, will you have accrued 2 weeks leave by March?. Check the citizens advice website for annual leave entitlement.


  • Moderators, Society & Culture Moderators Posts: 9,777 Mod ✭✭✭✭Manach


    As above. As well usually holidays entitlements are set out in the employment T&Cs that must be furnished to the employee, if that's any help.


  • Registered Users, Registered Users 2 Posts: 8,800 ✭✭✭Senna


    What does your contract say?

    Employee leave should be mutually agreed and employers can refuse if it conflicts with business needs. However most are accommodating if leave is needed for good reason, holidays that are booked before asking for leave would not be a good reason.


  • Banned (with Prison Access) Posts: 541 ✭✭✭JakeArmitage


    If I email my supervisor tomorrow that I plan on taking 3 months holidays at the end of march and he/she replies back that this is fine then I go and book flights , could he/she come back to you up to a month before and say sorry we cant let you off for these 2 weeks ?


  • Registered Users, Registered Users 2 Posts: 311 ✭✭JackHeuston


    Check your contract. For example mine says to give at least 2 weeks notice before taking any day off.

    I'd also say three months in advance is a bit too much? You can't expect they're going to accept it, unless they already know you won't be needed in March. I guess it depends a lot from your job too.

    It's better if you talk about it with your employer, but I wouldn't expect them to accept it just because you're asking with so much advance.

    edit (we posted at the same time): I think they could change their mind. If you can, try tell them that you have to book tickets, they are not refundable, etc... At the end, everyone hates to have to cancel flights, hotels and such, it's not such a weird request IMO.

    http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html
    It is for your employer to decide when annual leave may be taken, but this is subject to a number of conditions. Your employer must take into account your family responsibilities, opportunities for rest and recreation that are available to you and to consult with you (or your union) at least one month before the leave is to be taken.


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  • Registered Users, Registered Users 2 Posts: 8,800 ✭✭✭Senna


    If I email my supervisor tomorrow that I plan on taking 3 months holidays at the end of march and he/she replies back that this is fine then I go and book flights , could he/she come back to you up to a month before and say sorry we cant let you off for these 2 weeks ?

    3 months off, that's not holidays (annual leave), assuming you haven't carried over all holidays since 2013. Open to correction but unless there is a policy of taking career breaks or sabbaticals outlined in your contract, then your employer doesn't have to keep your job open for you when you return for your travels.


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


    If I email my supervisor tomorrow that I plan on taking 3 months holidays at the end of march and he/she replies back that this is fine then I go and book flights , could he/she come back to you up to a month before and say sorry we cant let you off for these 2 weeks ?

    Do you want to go on holiday for two weeks in three months, or three months in three months?

    Two weeks should be fine.

    Three months is like resigning.


  • Registered Users, Registered Users 2 Posts: 11,227 ✭✭✭✭martingriff


    I was wondering what employees rights are regarding holidays specific to how much notice is needed and if you do give alot of notice can they refuse, for example for 1 want to go on holidays for 2 weeks in March and give my notice , is an employer entitled to refuse even if you give 3 months notice?

    As others have said there are no rights in relation to if an employer has to give you specific dates off not sure about lenght of time to tell them but I say it at what your contract says. If the period you want off it a heavy time for your employer due to contracts, end of year account, audits etc they can refuse leave. Now if you have had the leave accepted then I am not sure if the could come back and say sorry no.


  • Registered Users, Registered Users 2 Posts: 11,227 ✭✭✭✭martingriff


    If I email my supervisor tomorrow that I plan on taking 3 months holidays at the end of march and he/she replies back that this is fine then I go and book flights , could he/she come back to you up to a month before and say sorry we cant let you off for these 2 weeks ?

    I am guessing you meant to say 3 weeks instead of months unless you have rolled over a lot of holidays or your job has a great holiday package if it the last who are they and are they hiring


  • Banned (with Prison Access) Posts: 541 ✭✭✭JakeArmitage


    I meant to say I want to take 2 weeks holidays in March but I'd be giving 3 months notice from tomorrow


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  • Registered Users, Registered Users 2 Posts: 311 ✭✭JackHeuston


    How did it go OP?


  • Banned (with Prison Access) Posts: 541 ✭✭✭JakeArmitage


    How did it go OP?

    wont know till next week


  • Registered Users, Registered Users 2 Posts: 2 Kmcxxxx


    I've worked for my current employer for 10 months.
    I've never had any weekend off work, I work over my hours for no pay ( salaried) I am expected to come into work on my days off for meetings which last 5-6 hours with no pay or tune off in lieu. (1 every 2 weeks)
    Last November I put a holiday request in for a weekend off to attend a family event.
    The manager approved the holiday ( verbally)
    This week the owner, called me at home shouting and screaming at me about my holiday and said I wasn't getting it.
    I explained why I had requested it and that the manager had approved it 8 months earlier.
    I was told I couldn't have it as they (owner) needed that weekend off and it was tough.
    I'm really upset, I've cancelled numerous family occasions because I can't get the time off and the 1 I really need to go to. I'm being told I can't because the owner wants it off.
    What are my rights?
    I'm just so upset and to be honest thinking of leaving.


  • Registered Users, Registered Users 2 Posts: 1,260 ✭✭✭Irish_Elect_Eng


    Sorry to hear that you have a d1ck for a Owner & an ineffective manager.

    Yes they can do this, it is very poor practice, but in reality as you are there < 1 year and easily let go, you will in reality have little choice but to suck it up if the owner does not back down or you cannot come to some arrangement.

    I would advise working through your manager rather than directly with the owner on this. Was this you managers fault, did he communicate the request to the owner when you asked for it? Try to get him to resolve it for you.

    (1) Can You get cover from another employee, even your own manager to cover the Weekend?

    (2) Does the owner often fly off the handle, is he/she reasonable when they have calmed down? I've worked for a few hot heads, which can be stressful, but not a big issue once you know how to handle them.

    (3) If they are unreasonable and this is unresolved, start looking for another job.

    (4) If you have no choice to work it, at least leverage some advantage from it. Make sure that you let them know that you are working it "for the good of the business", doing them a favour and outline what you expect in return.

    What does your contract say about holidays?

    Best Of Luck.


  • Registered Users, Registered Users 2 Posts: 2 Kmcxxxx


    Thanks irish elect eng.
    Kind of stuck really, as the owner is my managers boss. He also works in the same company at a higher level.
    At the time my manager or even the owner had no issues, put it in the diary etc....
    It's only now, that the owner has decided they want that time off. So I have to forfeit my holidays to let the owner go.
    Kind of unfair really, but as you say I don't have much in the way of rights.
    (1)The manager told me today not to cancel anything he'd look what he could do and try and cover amongst themselves.

    He said worse case, let the owner think your working n he'd cover it himself and the owner be none the wiser, but I'm not sure whether I'd like to do that. Its not right but It's nice of him to offer tho.

    (2)yes regularly, their like a spoilt child, they turn into work late. Don't do the job when they are there and basically speaks to everyone like they are dirt and unworthy.

    On the upside, they've been very nice to me after this disagreement, but I think that's just a cover. As it's very out of character! A little concerned about that!

    (3) already looking, fingered crossed!

    (4) doubt it would help, or even be remembered, the manager is fine. Really helpful and will try his best to accommodate. The owner sees us all as disposable and there's loads more were we came from!


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