Annual leave declined - what to do?

LegacyUser

I work for a US based company and have 2 annual leave days left - I was denied the chosen days I wanted and was later told that I cannot take off any more days this year because coverage is light - there are less than 20 employees altogether when you combine the Irish office with the international office. I asked my boss in the US could I carry over the days to next year and was told that would not be possible as it would not be fair to the US team as Ireland gets more holidays than the US.

There was one day I took for a family funeral - I told my boss but it was not put down as one of my days off, so I assume it was taken as bereavement leave, but I don't know as it was not a parent/sibling who passed away.

Some friends have told me I should ask for pay in lieu to make up for the 2 days lost, but I've spoken to some colleagues in the US office and they aren't going to do anything about their days. I've read that in the US it is frowned upon to use up all of your days.

Anyone have any advice? Is it worth stirring the pot over two days or should I just leave it?

Caranica

How many leave days do you get? You are supposed to have 20 if you work full time. That's 20 days to take, not 18.

Donnielighto

Take your days. US employment practices don't matter here and maybe they would take the days they aren't entitled to if they knew they could. Not your concern at any rate. You should get days in lieu afaik or something.

strandroad

Don't ask your boss in US, if you don't have one in Ireland ask your local HR. I don't think you can be made to forgo your days.

lfen

WorkWoes wrote: »

I work for a US based company and have 2 annual leave days left - I was denied the chosen days I wanted and was later told that I cannot take off any more days this year because coverage is light - there are less than 20 employees altogether when you combine the Irish office with the international office. I asked my boss in the US could I carry over the days to next year and was told that would not be possible as it would not be fair to the US team as Ireland gets more holidays than the US.

There was one day I took for a family funeral - I told my boss but it was not put down as one of my days off, so I assume it was taken as bereavement leave, but I don't know as it was not a parent/sibling who passed away.

Some friends have told me I should ask for pay in lieu to make up for the 2 days lost, but I've spoken to some colleagues in the US office and they aren't going to do anything about their days. I've read that in the US it is frowned upon to use up all of your days.

Anyone have any advice? Is it worth stirring the pot over two days or should I just leave it?

Depends how much you want the days off. If you are not overly fussed, leave it and move on. If you really want the days off, remind them you are entitled to take them. Sounds like they will be slightly pissed off but again, depends how much you care.

Personally I’d take them and deal with the bit of grief.

KaneToad

So, you have AL that must be taken before year end but company won't allow it to be taken before year end? They also won't allow you to carry it.

They want it every which way!

FishOnABike

You are employed in Ireland. Your US boss needs to acquaint themselves with Irish employment legislation. If they operate in a country they need to respect the laws of that country.

They could do with reading a copy of the Organisation of Working Time Act, 1997 particularly those sections to go with annual leave, public holidays.

http://www.irishstatutebook.ie/eli/1997/act/20/enacted/en/print.html

A summary of some of the relevant information is available on
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.

Forfeiting annual leave, if it would bring your annual leave under the statutory minimum, which it would appear is the case as you say you have 20 days annual leave, would be illegal.

It is also illegal under the Organisation of Working Time Act, 1997 for an employer to pay an allowance in lieu of the minimum statutory holiday entitlement of an employee unless the employment relationship is terminated.

It would appear your boss has no option but to either allow the two days or, with your consent, allow them to be carried over to the next leave year, giving you 22 days annual leave next year (not including public holidays).

I wouldn't let it rest. If the company wants to operate in Ireland it needs to follow Irish law.

Unless your boss and the company wants to hand their arse on a plate to the workplace relations commission at some stage they would do well to engage the services of an Irish employment law or HR specialist to ensure they are in compliance with all the relevant legislation.

Dark Phoenix

The above advice is correct. They can either insist you take all your days this year or allow you to carry them over. They cannot refuse to allow you time off and refuse to let you carry them over. They might not be able to grant the two days yuo asked for but will have to allow others or carry them over.

jimmycrackcorm

Op, what does your contract say about annual leave?
As above, your employer is breaking the law of they are refusing to allow your statutory 20 days, and cannot pay it in lieu

It would be worth reminding your boss that he would be not only breaking the law by refusing your legal leave, but also that the company would be liable to significant compensation of for any reason you had to finish your job as it could be construed as constructive dismissal.

Over the 20 days depends on what your contract States.

tombliboo83

The 2 days can be carried over into the first 6 months of next year by agreement with yourself and your employer. Clear it up asap or you'll have the saddle thrown up on you whenever staffing difficulties arise in future.

ted1

WorkWoes wrote: »

as it would not be fair to the US team as Ireland gets more holidays than the US.

That’s the most BS reason ever , I’ve heard someone say that before and I quickly shut them down when I pointed out the difference in base salaries , difference in taxes, difference in cost of living, etc

Beau Bennett

You had the most part of 12 months to take them. You weren't bothered to take the two days until now so I would just leave it. It's not fair on a company for the staff to force their hand by keeping the days until the Xmas period to force their hand.

ILoveYourVibes

Just take your 2 days.

ted1

Beau Bennett wrote: »

You had the most part of 12 months to take them. You weren't bothered to take the two days until now so I would just leave it. It's not fair on a company for the staff to force their hand by keeping the days until the Xmas period to force their hand.

Biggest load of rubbish. If you really believe that then HR should be pushing the staff from October to use up all days.

Fann Linn

Just go on the sick.

un5byh7sqpd2x0

Beau Bennett wrote: »

You had the most part of 12 months to take them. You weren't bothered to take the two days until now so I would just leave it. It's not fair on a company for the staff to force their hand by keeping the days until the Xmas period to force their hand.

Utter ballcocks. Ignore this loon OP

careless sherpa

Frowned upon to use up all of your annual leave in the US? They have created a hateful environment if that is accurate

bad2dabone

Beau Bennett wrote: »

You had the most part of 12 months to take them. You weren't bothered to take the two days until now so I would just leave it. It's not fair on a company for the staff to force their hand by keeping the days until the Xmas period to force their hand.

Codswallop

Bambaata

Bad place to be if you feel pressured to side with your company's wishes. Take your days and look for work elsewhere if they are still kicking up.

radiotrickster

WorkWoes wrote: »

I asked my boss in the US could I carry over the days to next year and was told that would not be possible as it would not be fair to the US team as Ireland gets more holidays than the US.

If you have this in writing (where your manager says you can’t take it all this year), then legally you have to be allowed carry your unused holidays over to the following year for six months.

Citizen’s Information can advise you further if you want to ring them to double-check.

Mehapoy

Send your US boss a helpful email with the employment law and ask him if he realises he is exposing the company to a risk of significant fines and prosecution...and offer to carry over the 2 days to next year

alias no.9

If you have taken 20 days AL as in you are allowed 22 days or more, then it'll come down to the wording of your contract. If you only get the statutory minimum of 20 days then AFAIK you must be permitted to take them.

Tippex

out of interest OP when did you put in for this AL? and what does your contract say about requesting AL?

con___manx1

Your boss in the US should no that we have much better employment laws here than in his dump of a country.
Much smarter people here to. We deserve a few extra days off just for that.

Snotty

Cannot believe he said its not fair on US staff if you take your allotted time off, do you get the same wages as the US staff?
If the company is based in a large US city, particularly the tri state area, the wages can be a huge eye opener, a €100k position here could be a $250k position there easily.

daheff

What's your company policy in regards to requesting time off? How many days notice must you give?


In any case you are statutorily entitled to the days...the only thing up for debate is when to take them. don't let them fob you off

ILoveYourVibes

Fann Linn wrote: »

Just go on the sick.

Do nothing of the sort ...tell them you have 2 days leave and you are taking them.

Snotty

ILoveYourVibes wrote: »

Do nothing of the sort ...tell them you have 2 days leave and you are taking them.

Annual leave is at the discretion of the company, they have to approve your absence, you can't just say you are taking it. They can and should allow the days to carry on to next year, it is the managements responsibility to ensure all the staff take their holidays, the onus is not on the staff to make sure they take it.