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Carrying over annual leave.

  • 05-01-2023 4:05pm
    Registered Users Posts: 92 ✭✭ ceoltoir

    Having taken what I thought was my final day of annual leave for 2022, I was surprised to be told by HR that I had accumulated another 16 days over the past few years. This was just two days before the Christmas break, so I couldn't do anything about it.

    I work with a third level institution in a non-teaching role and had assumed that my allowance hadn't changed from what was in my original contract. However, the days must have increased as I moved up the pay scale.

    The college policy is that you can only carry days over small amounts of leave with the agreement of the head of unit. It's my own fault really for not keeping properly on top of it.

    What are my chances of retaining those 16 days or should I just forget about them?


  • Moderators, Music Moderators Posts: 19,676 Mod ✭✭✭✭ Mr.S

    Very unlikely. Most employers would cap annual leave rollover to 5 days, with a stipulation to use them within a few months of the new annual leave year.

    Speak with them and see if there can be some arrangement for cashing the unused days in.

  • Registered Users Posts: 653 ✭✭✭ MIRMIR82

    The working year, by law, is 1st of April to 31st March the following year. So you have until March 31st to take them.

  • Registered Users Posts: 40 noahungry

    It cannot hurt speaking with them, but I am also not very optimistic. You might get lucky, fingers crossed. 

  • Registered Users Posts: 2,477 ✭✭✭ newbie2

    Not if it's locally agreed to be something else, or your employer states (in a your contract for eg) that it is different. AFAIK

  • Moderators, Music Moderators Posts: 19,676 Mod ✭✭✭✭ Mr.S

    It sounds like OP is saying they have 16 unused days over multiple years.

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  • Registered Users Posts: 5,053 ✭✭✭ homer911

    Very odd, perhaps the rules are different in academia. I'm in Industry, last year I carried over 5 days, to be taken before the end of April. I forgot to take a day in time and it was forfeited, so it does happen..

  • Registered Users Posts: 38,483 ✭✭✭✭ ohnonotgmail

    The majority of those 16 days must have been carried over from last year. Ask them how that was possible.

  • Registered Users Posts: 92 ✭✭ ceoltoir

    Thanks everyone

    My working year is 1/1 to 31/12, so that one's out.

    Post edited by ceoltoir on

  • Registered Users Posts: 92 ✭✭ ceoltoir

    Thanks everyone. I think the best thing to do is to ask and see, though I can't see myself getting all those days. Silly me!

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  • Registered Users Posts: 9,685 ✭✭✭ Dodge

    That certainly isn’t “by law”

    Many institutions, including some in the public service, are calendar year now.

    No harm is asking your HR Dept OP. As has been said, point out the truth where you didn’t know your entitlements had changed. They make allow an exception for you. Good luck

  • Moderators, Business & Finance Moderators Posts: 8,592 Mod ✭✭✭✭ Jim2007

    Best thing to do is have a talk with HR, if they are still informing you about days going back a few years then one can only assume that you have not lost them up to now, so perhaps you can either carry them forward or take them now only your employer can tell you that.

  • Registered Users Posts: 13,282 ✭✭✭✭ callaway92

    The annual leave year in Ireland is ALWAYS April 1st to March 31st. No ifs, no buts.

    Places can 'say' 'no we are calendar year' but it doesn't work that way, and if it went further they would lose. Richard Grogan used to explain this perfectly when he was alive

  • Registered Users Posts: 1,256 ✭✭✭ Love2love

    So the leave year in Ireland still follows the old tax year (April to March) and that is what is stipulated in the Organisation of Working Time Act. however, this applies to statutory leave only. So 4 working weeks, give or take. Anything beyond that is at the discretion of the employer. I would say though, if they’ve told you that you’ve accumulated this over a number of years, they’d be willing to let you carry some over. Your leave allowance is normally in your contract so if so, the obligation is not on them to inform you that you haven’t taken all your leave. Their obligation ends at statutory.

  • Registered Users Posts: 1,481 ✭✭✭ tphase

    assuming you're allowed to rollover 5 days, I'd start by taking those asap.

  • Registered Users Posts: 5,132 ✭✭✭ caviardreams

    I think teh best approach here is to say to HR you didn't realise and you will use the ASAP - it's normally the build up of leave that HR don't like so if you go to the table and say you will use of the 16 days by mid Feb at the latest (subject to your line manager ok-ing it and business needs) it's your best chance of them you can use them.

    Another approach could be to say you will do a 3 day week for the next 8 weeks (2 days leave per week) - this won't be too disruptive on business needs most likely and a good compromise. But definitely offer to use them ASAP - it will show flexibility and they will be more open to compromise. if you go in with an "i'm entitled to keep them as long as I want" attitude it likely won't end well.

  • Registered Users Posts: 1,078 ✭✭✭ bikeman1

    You need to speak to HR. It's not a good look for an employer to be cancelling annual leave days that an employee is due in their contract. It would be normal for an AL review to be carried out by managers coming towards the last few months of the leave year and advise employees how many days they have left and what's their plan to take them. It may suit employers to have staff working more at certain times.

    I'd be fairly demanding those 16 days and say that 2 days before Christmas is not enough notice. Get confirmation of that, get the 16 days taken by 31 March and book a nice holiday away from it all.

    Oh and never make that mistake again. Holidays away from work are a key to a happy and healthy life.

  • Registered Users Posts: 1,797 ✭✭✭ Diceicle

    The fact they're saying you have 16 days remaining means they're permitting you to carry them over. A portion of those days are from years ago.... Otherwise they would have said, 'your annual leave allowance is : X days'

  • Registered Users Posts: 5,609 ✭✭✭ daheff

    i'd think that if your company has told you that you have accumulated 16 days from previous years that they are implicitly allowing these to be carried forward up to now. If they have done this historically, then you would have a good case to argue they should do it again for 2023.

    also there is a responsibility on HR/mgmt (as well as yourself) to try to ensure that holidays are taken in the year of accrual. If Hr/Mgmt were not managing your entitlement then they are as culpable for the issue as you are.

    finally you have a statutory entitlement to a max of 20 days holidays a year. if you have not taken that number in a given year (or 20+carry over in subsequent years) then you would also still be entitled to use these (within reason).