Annual Leave issues

The Real B-man

Hi all,

Just a quick one i have 15days of annual leave remaining i have being fortunate
to keep my job during the pandemic working in a support role and making sure to keep the company operational, I have been told I cannot take any more annual leave in 2020 as there is nobody to cover my days off.

It's company policy not to pay for untaken annual leave and I can only carry over 7days and must use by March 2021

Does anyone know my options? loyalty and hard work mean nothing it seems.

seamus

You cannot "lose" annual leave. You are entitled to those 15 days one way or another. This is up to the company to sort out, it's their responsibility to ensure that annual leave is taken.

Their only options are:

1. Let you take 8 days between now and 31st December
2. Let you carry over 15 days to 2021

I would contact HR and ask them what they propose to do about this.

Edit: I would note that this entitlement only applies to the statutory 20 days. Anything over that you cannot carry over. So if you get 30 days annual leave and you've taken 15, then you're only entitled to 5 of the 15 left over. The other ten can be lost.

stargazer 68

seamus wrote: »

1. Let you take 8 days between now and 31st December
2. Let you carry over 15 days to 2021

I would contact HR and ask them what they propose to do about this.

And by email not phone - have it in writing.

Options are to take 8 days between now and end of march

Is your issue using up your days, or not getting days off over christmas?

MarkR

Were you advised of this beforehand? Were you asked to take a block of holidays previously? 15 days of holidays is a lot to have left over in mid December.

The Real B-man

Hi all,

Thanks for the responses,
It's being a roll of the dice requesting days off nobody to cover me and the customer's site where I'm located has requested the resource
regardless of staffing so I have not been giving the requested annual leave off I have taken 6 days of annual leave in the whole year 21 allocated total

Its the usual on a regular year to get your annual leave booked in January for your 1 or two week summer holidays but with it being
and extraordinary year nobody was travelling, I do count myself lucky as a lot of my colleagues received the PUP for a couple of months.

The issue is being discussed with the leadership of the company at present to see if anything can be done.

_Brian

By law you can carry unused leave for 26 weeks into the next year but they must be used by that time or they are lost.

No clause on your contract can negate your statutory rights as an employee, don’t let them try and say otherwise. That’s why employees have statutory rights.

Stand firm and explain you will use the days (once they grant requested leave) in the new year before 1st June.

KiKi III

Would you accept being paid for them instead?

jimmycrackcorm

_Brian wrote: »

By law you can carry unused leave for 26 weeks into the next year but they must be used by that time or they are lost.

No clause on your contract can negate your statutory rights as an employee, don’t let them try and say otherwise. That’s why employees have statutory rights.

Stand firm and explain you will use the days (once they grant requested leave) in the new year before 1st June.

From citizens advice: "The Act provides for a basic annual paid leave entitlement of 4 weeks, although an employee's contract could give greater rights.
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. In addition, 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."

KiKi III wrote: »

Would you accept being paid for them instead?

"It is 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. "


OP, your employer has to give you the leave that you entitled to by law. If they fail to do so you can take them to court and I would not be afraid to say that.

The Real B-man

_Brian wrote: »

By law you can carry unused leave for 26 weeks into the next year but they must be used by that time or they are lost.

No clause on your contract can negate your statutory rights as an employee, don’t let them try and say otherwise. That’s why employees have statutory rights.

Stand firm and explain you will use the days (once they grant requested leave) in the new year before 1st June.

Many thanks for this I will try find a reference and pass on

KiKi III wrote: »

Would you accept being paid for them instead?

Yes absolutely January is a long month

thesimpsons

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

scroll down to Taking Annual Leave and it states the 6 month rule for using up holidays