Annual leave

mookishboy

Quick question regarding annual leave.

in my position i have a number of days leave to take before the end of the year. my employer has reminded me about this. But i an unable to take the leave due to having no one to cover me on my days off. Employer is a uk company and my relief worker has his own job and can only cover when he is off shift.

so i have maybe 5 day due to me that i cannot take off.

what is my position on this.

The company I work for is uk based and as far as i can see has no idea of Irish employment law.



Thanks

Job Gnocchi

Are the company insisting that use the annual leave before the end of the year?

If they are, it's up to them to provide someone who can cover your position.

If they are not insisting, request that you carry those hours in to next year or possibly ask to be paid for those annual leave hours instead - in other words, negotiate the situation to your benefit.

mookishboy

Yes all leave has to be taken before the end of the year. there is no carry over. But its impossible for me to take all my leave due to the part time persons commitments.

Funkfield

Have they offered payment in lieu?

mookishboy

No. As far as they are concerned it take it or loose it.

Funkfield

Well, they can say it is lost but they have to have encouraged you to take it, and made it possible for you to take it. If that is not the case then, I believe, you are entitled to payment in lieu

Check this link from case this year. Particularly the point about article 7

https://www.mhc.ie/latest/insights/employment-benefits-update-annual-leave-use-it-or-lose-it

endacl

Would 10 half days suit you over the Xmas?

893bet

How is it your problem to arrange cover while you are off?

Take the leave. Let them figure that part out.

FishOnABike

It is illegal to be paid in lieu of statutory minimum annual leave. The only circumstances in which you can lawfully be paid in lieu of statutory minimum annual leave is when the employment is being terminated and you have accrued statutory leave.

If the five days are not in addition to the twenty statutory days annual leave plus nine public holidays you cannot be obliged to forefit them. Your employer must either allow you take them within the relevant year or, with your consent, carry them forward to the next year.

If you really wanted to play hardball you could withhold your consent to carry them over to next year and insist they are taken this year.

Annual leave must be given to employees within the leave year or, with the consent of the employee, within the first six months of the following year. The onus is on the employer to ensure that the employee takes their statutory leave allocation within the appropriate period.

Employees may, with the consent of the employer, carry over holidays that exceed the statutory allowance to the next year.

What would happen if you were sick? Your employer would either have to find cover or leave the position unstaffed while you were out.

FishOnABike

See this thread https://touch.boards.ie/thread/2058039570 for similar discussion.

Remember December 25th and 26th are public holidays and do not count towards your twenty days minimum statutory annual leave (assuming you are a full time employee).

How recently did your employer remind you of the remaining annual leave day? If recent I suggest replying requesting to take them between now and 2nd January (25th, 26th and 1st are public holidays), advising them which days no cover is available due to your part time colleague's other commitments. Also, if it suits you, advise them that if it is not possible to take any of the days due to lack of cover that you are agreeable to carrying those days into next year and taking them within the first six months of the year.

Your employer cannot refuse you the days and also refuse to allow you carry the untaken days into next year if they are part of the statutory 20 days annual leave or 9 public holidays.

What are the consequences of there being no cover? Is it a life or safety critical position?