Untaken Annual Leave

retroactive

Hi All,

Looking for a quick steer. Any and all advices are appreciated.

I'm a contractor that is due to finish up before February. I had 8 days annual leave. I could can only carry 5 over to the next calendar year (?). Upon expiry of my contract, I get paid on the 28th of the following month.

Can I get paid for my untaken leave (5/8 days) ?

Many thanks in advance.

- R

Slydice

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

If you are leaving a job you are entitled to receive payment for any outstanding annual leave and public holidays due to you.

cronos

Slydice wrote: »

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

You need to know what the companies policy is with regard to carrying over extra holidays between years. I've never seen a company not give you them, especially given it's a temp role. Usually those carry over rules are to stop perm staff building up a large amount of holidays and then suddenly taking a couple of months off. So in short just ask your HR team. The above won't answer this.

Slydice

cronos wrote: »

You need to know what the companies policy is with regard to carrying over extra holidays between years. I've never seen a company not give you them, especially given it's a temp role. Usually those carry over rules are to stop perm staff building up a large amount of holidays and then suddenly taking a couple of months off. So in short just ask your HR team. The above won't answer this.

It's not carry over. It's leaving a job. There is no carry over when leaving a job.

Law of the land says:
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

If you are leaving a job you are entitled to receive payment for any outstanding annual leave and public holidays due to you.

Eoin

But the OP has not finished yet, so there are still 2 months to take the leave. So the company might insist that the days are still taken.

Slydice

Eoin wrote: »

But the OP has not finished yet, so there are still 2 months to take the leave. So the company might insist that the days are still taken.

They'll still be paying the op for those days

Eoin

Slydice wrote: »

They'll still be paying the op for those days

For sure! But they may just let the op leave a week early (paid of course!) rather than pay extra

Slydice

Eoin wrote: »

For sure! But they may just let the op leave a week early (paid of course!) rather than pay extra

That's them still paying the outstanding leave

Eoin

Slydice wrote: »

That's them still paying the outstanding leave

Yes, sorry I didnt mean to imply otherwise. I was just clarifying that the leave can be carried over as the OP is still working there, and that they're not automatically entitled to get paid in lieu of it.

cronos

Slydice wrote: »

It's not carry over. It's leaving a job. There is no carry over when leaving a job.

Law of the land says:
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

A company can require you to take your holidays within a given year I believe. Like let's say you had 20 holidays in a year. You couldn't just take zero holidays in that year, but then say your leaving in February of the following year and say you want them all paid off, as it's a new year. (unless the company was the one blocking you from taking them)

You could leave in December of the year though and ask for them all to be paid.

My point was not that companies don't have to pay off holidays when you finish a job. Everyone knows that you do have to do that. However, the question is more around is it valid for a company to remove entitlement to holidays from a previous year if they are not taken within that year. I'll read the link perhaps it goes into more detail than your quote, as it does not cover the described scenario.

Slydice

cronos wrote: »

My point was not that companies don't have to pay off holidays when you finish a job. Everyone knows that you do have to do that. However, the question is more around is it valid for a company to remove entitlement to holidays from a previous year if they are not taken within that year. I'll read the link perhaps it goes into more detail than your quote, as it does not cover the described scenario.

It's the law of the land.

It's the Organisation of Working Time Act, 1997. Here's the link to the full thing:
http://www.irishstatutebook.ie/eli/1997/act/20/enacted/en/html

Here's the part about compensation for the loss of annual leave:
http://www.irishstatutebook.ie/eli/1997/act/20/section/23/enacted/en/html#sec23

23.—(1) Where—
(a) an employee ceases to be employed, and
(b) the whole or any portion of the annual leave in respect of the current leave year or, in case the cesser of employment occurs during the first half of that year, in respect of that year, the previous leave year or both those years, remains to be granted to the employee,
the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case may be, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave.

(2) Where—
(a) an employee ceases to be employed during the week ending on the day before a public holiday, and
(b) the employee has worked for his or her employer during the 4 weeks preceding that week,
the employee shall, as compensation for the loss of his or her entitlements under section 21 in respect of the said public holiday, be paid by his or her employer an amount equal to an additional day's pay calculated at the appropriate daily rate.

(3) If an employee ceases to be employed by reason of his or her death, any compensation payable under this section shall be paid to the personal representative of the employee.

(4) Where compensation is payable under subsection (2), the employee concerned shall, for the purpose of Chapter 9 of Part II of the Social Welfare (Consolidation) Act, 1993 (which relates to unemployment benefit) and Chapter 2 of Part III of that Act (which relates to unemployment assistance), be regarded as not having been, on the public holiday concerned, in the employment of the employer concerned.

(5) In this section “appropriate daily rate” and “normal weekly rate” mean, respectively, the appropriate daily rate of the employee concerned's pay and the normal weekly rate of the employee concerned's pay determined in accordance with regulations made by the Minister for the purposes of this section.

testicles

This post has been deleted.

Slydice

testicles wrote: »

This post has been deleted.

The OP is a contractor with an agreement about annual leave. They are not describing themselves as self employed.

A self employed contractor would have a contract between themselves and the company and look after their own leave.

The op has referenced previous annual leave and carry over. Most likely the OP falls under this:
Fixed-term or specified-purpose contracts
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/fixed_term_or_specified_purpose_contracts.html

For example, employees with fixed-term contracts have the normal entitlement to annual leave (holidays), maternity leave, and wage slips.

Mrs OBumble

testicles wrote: »

The OP is a contractor, not an employee. The Organisation of Working Time Act is irrelevant.

Getting paid for holidays as a contractor is most unusual.

The OP is most likely a temp, not a contractor.

Contractors don't get annual leave.