Statutory annual leave year

Bellie1 · 28-12-2022 12:03PM #1

Working in public service and the leave year runs from 1/1 to 31/12 , not end March to April as defined legally. It would suit me alot more to have the leave year end in April- can I insist on this? I can't understand how they can have a policy that is outside the legal definition?

squidgainz · 28-12-2022 12:18PM

The leave year can be any combination of the 12 months the employer wants.

Jim2007 · 28-12-2022 01:02PM

https://www.boards.ie/discussion/2058277256/statutory-annual-leave-year

You earn your leave at the exact same number of days per month/per week regardless of what 12 month period you pick, so how can it make the slightest difference to you?

28-12-2022 01:14PM

https://www.boards.ie/discussion/2058277256/statutory-annual-leave-year

Can you provide a link to this March/April legal definition?

BOHSBOHS · 28-12-2022 01:33PM

The annual leave year is set out in Section 2 of the Organisation of Working Time Act 1997. It is a period from the 1st April to the following 31 March.

Akrasia · 28-12-2022 01:37PM

The vast majority of Irish employers run a leave year from Jan to Dec

Your employer is unlikely to change all of their processes and systems just to suit one employee

fits · 28-12-2022 01:46PM

What difference does it make ? 😳

Bicyclette · 28-12-2022 01:48PM

I'm working in the Civil Service, my leave year runs from the 1st February to the 31st January. It probably doesn't suit everyone, but that is the way it is.

But if you revert to the Organisation of Working Time act, it states that "

“leave year” means a year beginning on any 1st day of April;"

So even if you were to argue on a statutory basis, it would be the start of April not the end of April

BattleCorp · 28-12-2022 01:55PM

Bottom line, the Public Service body you work for won't change their leave year to suit you and there's nothing in legislation that can compel them to do so.

I'm in the HSE and our leave year is from April 1st until March 31st.

kennethsmyth · 28-12-2022 06:22PM

https://www.boards.ie/discussion/comment/120040535#Comment_120040535

This is not completely true. The annual leave year essentially only comes into play is when you want to carry leave over the 31st December.

If you only get the 20 statutory days then any remaining statutory days that you still have cannot legally be "lost" until the 31st of March. If you earn more than the statutory, say 25 days then 5 of those days are not statutory and the business/public sector can lose them on the 31st of December if the business has a different leave year.

The business cannot take statutory days as lost until the 31st March and this is the legal legislation date.

BattleCorp · 29-12-2022 10:33AM

https://www.boards.ie/discussion/comment/120041337#Comment_120041337

I don't think anything I've said is untrue.

Have a read of this link. It clearly has March 31st as the end of the HSE leave year and doesn't mention December 31st anywhere. https://healthservice.hse.ie/staff/leave/annual-leave/

AnRothar · 29-12-2022 11:10PM

In the OP they state "public service" not necessarily the HSE.

I work in the "wider" public service and we changed, by agreement, that our leave year would run from 1/1 to 31/12.

Perhaps the OP could clarify if their "employer" has entered a similar agreement with its staff?

kennethsmyth · 30-12-2022 11:02PM

https://www.boards.ie/discussion/comment/120043007#Comment_120043007

You've purposely have chosen to ignore your first line that you stated and that was untrue.

You stated "Bottom line, the Public Service body you work for won't change their leave year to suit you and there's nothing in legislation that can compel them to do so."

There is legislation that can compel them - Section 2 of the Organisation of Working Time Act 1997.

Jim2007 · 31-12-2022 12:45PM

https://www.boards.ie/discussion/comment/120048123#Comment_120048123

Had you consulted section two you'd have found it deals with interpretation....

https://www.irishstatutebook.ie/eli/1997/act/20/section/2/enacted/en/html#:~:text=(2)%20A%20word%20or%20expression,has%20in%20the%20Council%20Directive.

So what section of the act are you actually referring to????

screamer · 31-12-2022 12:54PM

these type of issues are always contentious If you want to carry over holidays best to talk to your boss and see if they can accommodate your request. Going in on a high horse with the working time act is just not a good idea. If you get more than 20 days a year, and plan to carry over the difference to Jan to March that won’t work unless you dont use 20 days in the year, because as soon as you hit 20 holiday days used, they can compel you to take the other days before the end of the year. Jan to December with a carry over of a few days for exceptional circumstances to be used up by the end of Q1 is standard enough.

BoxcarWilliam99 · 31-12-2022 01:02PM

https://www.boards.ie/discussion/comment/120040257#Comment_120040257

No.

Jan to Dec is used for administrative ease.

Legally the calendar runs April to March.

Employer administration reasons don't trump the law.

squidgainz · 31-12-2022 01:58PM

https://www.boards.ie/discussion/comment/120049266#Comment_120049266

But you can't ask for your leave to run from those months. So utterly useless.

BattleCorp · 31-12-2022 02:34PM

https://www.boards.ie/discussion/comment/120048123#Comment_120048123

Can you quote the exact piece of legislation that you claim makes what I said untrue? Quote the wording that you said is contained in Section 2 of the OWT Act 1997.

If you can show me the exact piece of legislation proving me wrong, I'll be more than happy to apologise.

BoxcarWilliam99 · 31-12-2022 03:39PM

https://www.boards.ie/discussion/comment/120049452#Comment_120049452

Why can't you. It's the law.

Mrs OBumble · 31-12-2022 04:23PM

https://www.boards.ie/discussion/comment/120049823#Comment_120049823

Read it more closely.

TooTired123 · 31-12-2022 04:23PM

https://www.boards.ie/discussion/comment/120040495#Comment_120040495

Somebody wants to keep 4 days annual leave to take this coming week bringing them back to work on Jan 8.

Flinty997 · 31-12-2022 04:40PM

https://www.boards.ie/discussion/comment/120049942#Comment_120049942

Isn't that down to company policy.

BoxcarWilliam99 · 31-12-2022 05:03PM

https://www.boards.ie/discussion/comment/120049941#Comment_120049941

Any part in particular.

Pulling teeth here

TooTired123 · 31-12-2022 06:21PM

https://www.boards.ie/discussion/comment/120049979#Comment_120049979

the law says that the leave year runs from March to April. And yes, the company decides, ultimately, when an employee can take leave.

But what they can’t say is that if you haven’t taken all your leave by Dec 31 that you must forfeit those days. They can say that it doesn’t suit them for you to take the rest of the week off and come back next Monday, but they would have to let you know when it DID suit them.

TooTired123 · 31-12-2022 06:24PM

https://www.boards.ie/discussion/comment/120050048#Comment_120050048

Here’s citizensinformation.ie

AnRothar · 31-12-2022 06:32PM

Not strictly true.

There is a section which allows a registered agreement to supersede this.

https://www.boards.ie/discussion/comment/120050309#Comment_120050309

Flinty997 · 31-12-2022 07:26PM

https://www.boards.ie/discussion/comment/120050340#Comment_120050340

What section?

TooTired123 · 31-12-2022 08:31PM

https://www.boards.ie/discussion/comment/120050340#Comment_120050340

I’d really like to see this. Can you take a screenshot of it and post it? Citizens information is the official information website of the Irish government. It’s very unlikely that there’s incorrect information on it.

*”not strictly true”

Mrs OBumble · 01-01-2023 01:36AM

https://www.boards.ie/discussion/comment/120050512#Comment_120050512

All of it - you cannot just cherry pick bits.

Overall, the act specified an employer's responsibilities. Provided the employer meets the minimum requirements in the Act, they can also apply other policies. For example, builders and schools can require their staff to take the majority of their leave at certain fixed times in the year. Similarly, provided an employer gives you the opportunity to use all your leave in each nominal leave year by 31 December - there's nothing wrong with them requiring you to take it then, even if the legal leave year doesn't end for another three months.

Larbre34 · 01-01-2023 01:53AM

The statutory leave year and the leave year observed by the employer, can be entirely different, to suit any operational pattern, so long as all statutory minimums are provided pro-rata and reconcilable with the statutory rate.

That notwithstanding, no employer is under any obligation to provide special arrangements in this regard to any individual, or group, against their operational arrangements.

Flinty997 · 01-01-2023 03:24AM

Sounds like a specific section. "..allows a registered agreement to supersede this."

Statutory annual leave year

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