Annual leave entitlement

VG31

I've worked in a part time position for the last six months. My annual leave entitlements are calculated by 8% of hours worked. The leave year is the calendar year.

I've accumulated about 40 hours of leave at this point. I've only taken about 8 hours of this and won't have any opportunity to take any more before the end of the year.

What happens in this situtation? Do I receive payment in lieu at the end of the year? If I were to leave before the end of this year I would receive my leave entitlement in my final paycheck. But what if I left in January for example? Would I effectively lose all my holiday pay?

Thanks.

OMM 0000

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

"annual leave should be taken within the appropriate leave year or with your consent, within 6 months of the relevant leave year. Further holding over (also known as carrying-over) of annual leave at your wish is a matter for agreement between you and your employer."

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

_Brian

It depends on company policy.

Really many companies incorrectly work a use it or loose it policy on holidays but it’s illegal to take annual leave away from someone, yet it’s really common.

You need to talk to your manager, you may be allowed carry some over to next year and get paid some.

If your leaving you should be paid for any outstanding leave not taken.

Needles73

_Brian wrote: »

It depends on company policy.

Really many companies incorrectly work a use it or loose it policy on holidays but it’s illegal to take annual leave away from someone, yet it’s really common.

You need to talk to your manager, you may be allowed carry some over to next year and get paid some.

If your leaving you should be paid for any outstanding leave not taken.

What specifically makes it illegal to remove annual leave from someone ? Which law ?

cml387

Needles73 wrote: »

What specifically makes it illegal to remove annual leave from someone ? Which law ?

Yes I'd be interested to find out which law.

splinter65

It doesn’t matter how much annual leave you have accumulated you can only get a maximum of 4 of your working weeks in any leave year.
So if your working week is 20 hours you can only get 80 hours over the 12 months.
If you don’t think your going to be able to take the 40 hours between now and years end you will have to discuss with your employer how he will recompense you.
It was really up to him to ensure that you got your entitlement.
Is he going to close over Christmas ? Do you need to keep hours for then anyway?
Bear in mind CD St S Day and NYD are all public holidays but if he’s not open on CE for example you will need to keep hours for then.

silver2020

I'd be very interested in this new law that I and no-one in the HR dept where I work has heard of.

Where I am, Dec is fairly quiet, so a lot of people take their unused leave because from 1st of January it's gone unless you have a specific agreement to hold it over.

And this is a VERY large company.

For the OP, ask your employer. As you are part-time, its very easy to simply add the hours into any of the next 4 weeks pay periods.

_Brian

Needles73 wrote: »

What specifically makes it illegal to remove annual leave from someone ? Which law ?

I think it’s covered in the SI Organisation of working time act.

silver2020

_Brian wrote: »

I think it’s covered in the SI Organisation of working time act.

within the work year, yes. But once Jan 1st or whenever your work year starts over, you may have lost any holiday you accumulated tha previous year.

And there is no law that prevents this

_Brian

https://www.workplacerelations.ie/en/publications_forms/owt_guide_holidays_public_holidays.pdf

I don’t have time to search further.

It is the employers responsibility to ensure employees take their annual leave.

If the leave isn’t taken within the leave year the employee has a further six months within which to take them. They cannot just he taken away at the end of the leave year.

It is illegal to pay employees in liu of annual leave except when an employee is leaving.

Mrs OBumble

splinter65 wrote: »

It doesn’t matter how much annual leave you have accumulated you can only get a maximum of 4 of your working weeks in any leave year.

That is not true: the legal requirement is to give you at least four weeks. I've had several jobs where people with appropriate service has 5 or even 6 weeks leave entitlement.

Needles73

_Brian wrote: »

https://www.workplacerelations.ie/en/publications_forms/owt_guide_holidays_public_holidays.pdf

I don’t have time to search further.

It is the employers responsibility to ensure employees take their annual leave.

If the leave isn’t taken within the leave year the employee has a further six months within which to take them. They cannot just he taken away at the end of the leave year.

It is illegal to pay employees in liu of annual leave except when an employee is leaving.

So I’ve read the S.I. Nothing in it specifically makes it illegal to remove annual leave if not utilised.

_Brian

Needles73 wrote: »

So I’ve read the S.I. Nothing in it specifically makes it illegal to remove annual leave if not utilised.

Many companies enforce a “use it or loose it” by the end of the leave year. This is illegal, employees must be allowed to take them within a further six months.

VG31

_Brian wrote: »

https://www.workplacerelations.ie/en/publications_forms/owt_guide_holidays_public_holidays.pdf

I don’t have time to search further.

It is the employers responsibility to ensure employees take their annual leave.

If the leave isn’t taken within the leave year the employee has a further six months within which to take them. They cannot just he taken away at the end of the leave year.

It is illegal to pay employees in liu of annual leave except when an employee is leaving.

Found what I was looking for in that document:

"If the employment ceases in the first half of the leave
year, the employee must be compensated for any annual leave accrued in that leave year and the previous leave year."

Needles73

_Brian wrote: »

Many companies enforce a “use it or loose it” by the end of the leave year. This is illegal, employees must be allowed to take them within a further six months.

Does this apply to all leave or just minimum leave which a person is entitled to. For instance if my company gives me 28 days could I carry all 28 or just my legal min (say 20) ?

_Brian

Needles73 wrote: »

Does this apply to all leave or just minimum leave which a person is entitled to. For instance if my company gives me 28 days could I carry all 28 or just my legal min (say 20) ?

Without going back and rereading the SI I would take a guess and say the minimum. The SI will be written to protect the AL it ensures you are entitled to.