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Holiday Query

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  • 23-12-2015 10:56pm
    #1
    Registered Users Posts: 166,026 ✭✭✭✭


    I had two weeks holidays booked for the start of December but ended up being out on sick leave a number of weeks beforehand.

    I was due to come back and asked about my holidays so I knew where I stood and was told I wouldn't be getting them as I was out sick and they had to get cover during this time. I was also told I couldn't take them any time in December. Holidays can't be carried forward.

    My illness didn't get better as quickly as I/the doctor had hoped so I wasn't back for when my holidays where due to be taken.

    I'm just wondering what happens to my holidays. Do I lose them as they can't be carried forward? I'm only working part time and the job doesn't pay for sick leave, if that makes any difference. Thanks.


Comments

  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    Paying for sick leave has nothing to do with it but the company has to give you your mandatory days off in a year; so are you on more than minimum holidays those exceeding can be cancelled but your statutory has to be allowed to carry forward if not used (basically it's the company's fault for not scheduling time off during the year) as far as I can recall.


  • Registered Users Posts: 12,851 ✭✭✭✭average_runner


    Nody wrote: »
    Paying for sick leave has nothing to do with it but the company has to give you your mandatory days off in a year; so are you on more than minimum holidays those exceeding can be cancelled but your statutory has to be allowed to carry forward if not used (basically it's the company's fault for not scheduling time off during the year) as far as I can recall.


    Could be wrong on this:

    But if the company approved your holidays they can't cancel them without your permission and even compensate u for it.

    By law your allow to carry a max of 5 days but some companies allow more unofficially.

    It's not the company job to ensure you take the holidays but they have to remind you


  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    It's not the company job to ensure you take the holidays but they have to remind you
    Actually it is the company's job because the company decides when an employee takes holidays; not the other way around.
    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

    (c) to the leave being granted within the leave year to which it relates or, with the consent of the employee, within the 6 months thereafter.
    By law your allow to carry a max of 5 days but some companies allow more unofficially
    Secondly I can't recall or find any limit the days carried over except that the employee has to agree and they have to be taken in the first six months of the following year, can you quote the relevant section because even the booklet from Department of Enterprise, Trade & Employment on page 10 bottom, page 11 top has no limitations?


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