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Forced annual leave

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  • 31-03-2020 1:34am
    #1
    papster97
    Registered Users Posts: 31 ✭


    My employer has asked me to take 7 days of my annual leave with 5 days notice. Is this legal? I have also highlighted the fact it’s unfair for me to take AL during a lockdown


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    #2
    CIARAN_BOYLE
    Moderators, Sports Moderators Posts: 14,599 Mod ✭✭✭✭CIARAN_BOYLE


    papster97 wrote: »
    My employer has asked me to take 7 days of my annual leave with 5 days notice. Is this legal? I have also highlighted the fact it’s unfair for me to take AL during a lockdown

    Yes annual leave is at the discretion of the employer.

    I'd also say that your employer might be struggling to get in work so by making you take your annual leave he can keep you paid longer.

    I do agree it sucks from your point of view.


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    #3
    GerardKeating
    Registered Users Posts: 7,538 ✭✭✭GerardKeating


    papster97 wrote: »
    My employer has asked me to take 7 days of my annual leave with 5 days notice. Is this legal? I have also highlighted the fact it’s unfair for me to take AL during a lockdown

    Do you think it is fair for your employer to have to pay you during the lockdown?


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    #4
    _Brian
    Registered Users Posts: 18,486 ✭✭✭✭_Brian


    papster97 wrote: »
    My employer has asked me to take 7 days of my annual leave with 5 days notice. Is this legal? I have also highlighted the fact it’s unfair for me to take AL during a lockdown

    Yes it’s legal.

    Nothing fair about current situation.


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    #5
    cobhguy28
    Registered Users Posts: 301 ✭✭cobhguy28


    papster97 wrote: »
    My employer has asked me to take 7 days of my annual leave with 5 days notice. Is this legal? I have also highlighted the fact it’s unfair for me to take AL during a lockdown



    Times and pay for annual leave.

    20.—(1) The times at which annual leave is granted to an employee shall be determined by his or her employer having regard to work requirements and subject—

    (a) to the employer taking into account—

    (i) the need for the employee to reconcile work and any family responsibilities,

    (ii) the opportunities for rest and recreation available to the employee,

    (b) to the employer having consulted the employee or the trade union (if any) of which he or she is a member, not later than 1 month before the day on which the annual leave or, as the case may be, the portion thereof concerned is due to commence, and


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    #6
    Allinall
    Registered Users Posts: 6,560 ✭✭✭Allinall


    ^^^^^^^

    That's it.

    You've just broke the internet.


    Mod
    No, keep on trucking


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    #7
    papster97
    Registered Users Posts: 31 ✭papster97


    GerardKeating wrote: »
    Do you think it is fair for your employer to have to pay you during the lockdown?

    I am working from home so yes I do think it’s fair for him to pay me during lockdown


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    #8
    papster97
    Registered Users Posts: 31 ✭papster97


    So what I gathered from the above is because my employer didn’t notify me with 30days notice of his intention to make me take AL that it is illegal?


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    #9
    Peregrinus
    Registered Users Posts: 26,103 ✭✭✭✭Peregrinus


    papster97 wrote: »
    I am working from home so yes I do think it’s fair for him to pay me during lockdown
    If he's requiring you to take your annual leave, that rather suggest that he doesn't have work for you to do.

    If there's plenty to do, and you can do it effectively from home, why do you think your employer is requiring you to take leave?

    (And is it just you, or are others in the company being required to take leave?)


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    #10
    Peregrinus
    Registered Users Posts: 26,103 ✭✭✭✭Peregrinus


    papster97 wrote: »
    So what I gathered from the above is because my employer didn’t notify me with 30days notice of his intention to make me take AL that it is illegal?
    Not necessarily. The quoted provision applies only to your minimum statutory leave entitlement. If you have a contractual entitlement to more leave than the statutory minimum, your contract may not impose the one-month consultation requirement in relation to the excess leave.


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    #11
    mkdon
    Registered Users Posts: 419 ✭✭mkdon


    out of interest what line of work is this?


    Please give us more info


    you are considered lucky to still have a job tpo be fair.


    how many people have lost their jobs 'temporarily ' half a million?



    so i wouldnt be complaining about fairness


    employer might be struggling to stay afloat unfortunately


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    #12
    Del2005
    Registered Users Posts: 18,901 ✭✭✭✭Del2005


    What's the alternative if you don't take the annual leave, a P45 or whatever its called these days. Nearly all companies are struggling and loads aren't paying bills or rent, so while you may be able to work from home is your employer going to be paid for it?


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    #13
    papster97
    Registered Users Posts: 31 ✭papster97


    Guys I’ve just asked the question of whether it was legal or not. I understand it’s hard on all companies at the moment. This company made in excess of 10 million net profit last year and I believe to the best of my knowledge that they are not struggling to stay afloat.


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    #14
    runawaybishop
    Registered Users Posts: 9,500 ✭✭✭runawaybishop


    papster97 wrote: »
    Guys I’ve just asked the question of whether it was legal or not. I understand it’s hard on all companies at the moment. This company made in excess of 10 million net profit last year and I believe to the best of my knowledge that they are not struggling to stay afloat.

    They should be giving 30 days notice.


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