Carrying over annual leave.

ceoltoir · 05-01-2023 4:05pm #1

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?

MIRMIR82 · 05-01-2023 4:20pm

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

noahungry · 05-01-2023 4:23pm

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

newbie2 · 05-01-2023 4:27pm

https://www.boards.ie/discussion/comment/120069517#Comment_120069517

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

homer911 · 05-01-2023 4:49pm

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..

cml387 · 05-01-2023 4:52pm

You may be blaming yourself, but HR should have kept you appraised of your holiday allocation and not surprise you two days before Christmas.

A point I'd emphahsise when dealing with them.

ohnonotgmail · 05-01-2023 4:56pm

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

ceoltoir · 05-01-2023 5:00pm

Thanks everyone

https://www.boards.ie/discussion/comment/120069517#Comment_120069517

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

ceoltoir · 05-01-2023 5:01pm

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!

Dodge · 05-01-2023 5:05pm

https://www.boards.ie/discussion/comment/120069517#Comment_120069517

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

Jim2007 · 05-01-2023 7:29pm

https://www.boards.ie/discussion/2058278317/carrying-over-annual-leave

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.

callaway92 · 05-01-2023 7:44pm

https://www.boards.ie/discussion/comment/120069541#Comment_120069541

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

Love2love · 05-01-2023 8:12pm

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.

caviardreams · 05-01-2023 9:58pm

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.

bikeman1 · 06-01-2023 4:45pm

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.

Diceicle · 10-01-2023 1:56pm

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'

daheff · 12-01-2023 6:17pm

https://www.boards.ie/discussion/2058278317/carrying-over-annual-leave

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).

Carrying over annual leave.

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