Annual Leave law in Ireland

Meathcat

Sorry if this has been asked before but I can't find anything that answers this question.

I have a friend who works for a health insurance company. To the best of my knowledge, she does not take all of her annual leave entitlement and the company pays her for it - she accepts this as she is in a surprisingly low-paid position for how qualified she now is. She is utterly exhausted from this as she now rarely takes a break from work.

My question is, is it lawful in Ireland for someone not to take any of their annual leave and for the company to pay them for all of it? I would have thought there was a minimum requirement here for people to take at least some of their leave - if only as protection for that employee's health. I know where I work people have to take at least some of their allocated leave and there are restrictions on what they can carry over to the following year - anything over 5 days is at the discretion of their line manager and must be taken before 31st March of the following year. Does a company have a duty of care to an employee to ensure that they take a portion of their leave?

Thanks in advance for your help!

Does she apply to take time off and is refused?

In other words, are they forcing her into it?

Capella10

Hi, you should contact the WRC for information on this. To my knowledge, the employer is supposed to let the employees take their entitlements each year. If they have holidays left over by the end of the leave period, they are required to either pay them for the holidays or let them carry them over.

Doodah7

Organisation of Working Time Act 1997 is that you need.

EchoEmber

https://www.boards.ie/discussion/comment/120767588#Comment_120767588

From what the OP is saying the employee is the one not taking time off and prefers to get paid instead.

I could be wrong, but I don't think there is any legal requirement to force someone to take time off . But there are laws that state you must take X number of hours break before you begin your next shift.

Doodah7

https://www.boards.ie/discussion/comment/120767641#Comment_120767641

Yes there is and I have already quoted the legislation. Must take a minimum of 20 days per annum but there are extenuating circumstances due to volume of work. Not taking leave to get paid for it instead does not count.

whomitconcerns

You are required to be given 20 days annual leave and your employer is not allowed to pay you for them. The only exception is if you were to leave your employment during the year.

28064212

https://www.boards.ie/discussion/2058302453/annual-leave-law-in-ireland

The question of legality doesn't come up unless the friend is interested in enforcing her rights. If she's happy with the current situation, knowingly giving up her leave entitlement, nobody will force her out of it. The legal situation will not be looked at unless she requests her legal rights and that is denied by the company

screamer

By law your friend must get 20 days off per year if she’s a full time employee and works the full year. They cannot pay in lieu of that unless she is leaving the company and in that case they can pay her out any balance, that is legal. But, they cannot continuously refuse her annual leave requests, and indeed most companies will force people to take holidays to ensure they are getting and using their 20 days. how is everyone else being treated? It might be time for your friend to stand up for herself, because as the saying goes if the horse is willing….,

Masala

It is the responsibility of the Employer to ensure she gets her Holidays. They should keep records of conversations on file of “Mary …. You must give us your 2 weeks annual holiday dates so we can put them on the roster”. If she doesn’t take … they should advise here that they will give her 2 weeks in August etc. if she reverts and says I rather work and get paid for them… a good employer would say NO as employee rest is important. Paying off holidays every year is additional expense on an employer …… it means an employee is being paid 13 months a year. (If it’s a position that doesn’t need to be covered while out on hols)

mrslancaster

https://www.boards.ie/discussion/2058302453/annual-leave-law-in-ireland

Is your friend an employee? I've heard of contractors/agency workers being paid for A/L entitlements along with pay for hours worked which is questionable.

Unused annual leave can only be carried over for six months by agreement with an employee. Also employers have onerous responsibilities under the health & safety at work act 2005 to ensure a safe workplace. People being exhausted at work could pose a risk to themselves or others. Most companies insist that annual leave is taken within the leave year.

Peregrinus

Employees are entitled to annual leave under the Organisation of Working Time Act 1997 but they are not obliged to take it if they do not wish to.

If employees choose not to take annual leave, employers are not obliged to pay them in lieu (except that, in the year an employee leaves service, they are entitled to be paid for annual leave accrued in that year, but not taken). However some employers do pay for annual leave not taken. But as far as the law is concerned, if you don't take your annual leave in the year it accrues or within six months afterwards, you simply lose the entitlement.

Streifi

Does she not take annual leave or does she take them and then is doing overtime on the days she's off? I guess if it's the ladder, there is no way of forcing someone not to work overtime if they adhere to the rest of the working legislation. Just something to think about before going blazing guns at the employer...