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Working for a small company and booking time off over Christmas

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  • 27-10-2019 12:14pm
    #1
    Lollipop95
    Registered Users Posts: 1,271 ✭✭✭


    I've been working for a US based company for almost a year now. There is not that many staff employed and last year they told us to if at all possible, not book annual leave over Christmas. The company operates 24/7 and Saturday and Sunday are two of the days that I work. The Christmas schedule has not yet been published but Christmas Day is blocked for taking any time off.

    I am scheduled to work the last weekend in December but I have not yet used up all of my annual leave and would love to take the last few days over Christmas to visit some family.

    Is this advisable given what they told us last year? As of yet, nothing has been said about the staff roster


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    #2
    Strumms
    Registered Users Posts: 25,466 ✭✭✭✭Strumms


    Request from them to take the time off that you want/need. The only reason that they should decline is if somebody has already booked it off.

    I was in a similar situation where the company I worked for banned the taking of holidays for the whole of December. You couldn’t take even one day. Not only that but they were being understaffed putting the squeeze on people for overtime at the very time of the year where the business should be more mindful of the needs and stresses on people, their families etc.

    It’s a period where people would appreciate a small bit of flexibility to spend time with family in preparation and instead it was in my situation often fûck your friends and family we OWN you.

    Christmas Eve falling out of there...a pretty ruthless US company too.


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    #3
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    Ask as early as possible.
    Asking is no bother.

    Your request can be denied based on business needs and there’s not much you can do about that.


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    #4
    sheamusD12
    Registered Users Posts: 20 ✭sheamusD12


    Is this company based in Ireland? Christmas day is a statutory day. People should not be using annual leave for statutory days. Any other day over christmas however, that is when annual leave is applicable and therefore your issue.

    it would appear from what you say that they are accepting annual leave requests for the christmas period. This issue is causing you unnecessary stress. I suggest you book your days off. But not christmas day, thats statutory.


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    #5
    Dav010
    Registered Users Posts: 14,570 ✭✭✭✭Dav010


    sheamusD12 wrote: »
    Is this company based in Ireland? Christmas day is a statutory day. People should not be using annual leave for statutory days. Any other day over christmas however, that is when annual leave is applicable and therefore your issue.

    it would appear from what you say that they are accepting annual leave requests for the christmas period. This issue is causing you unnecessary stress. I suggest you book your days off. But not christmas day, thats statutory.

    This is hard to follow, but I think you are on the right track.

    Christmas Day is a public holiday, that does not mean you have a statutory right not to work that day.

    Public holidays confer public holiday benefits, the employer has a choice of:

    1. A paid day off on that day.
    2. An additional days pay.
    3. An additional day of leave.
    4. A paid day off within a month of that day.

    Also, no doubt you know that leave days dates are at the discretion of the employer, taking into account family consideration and business needs. In other words, though the op may book off dates at Christmas, that is not to say they must be given by the employer.


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    #6
    sheamusD12
    Registered Users Posts: 20 ✭sheamusD12


    Dav010 wrote: »
    This is hard to follow, but I think you are on the right track.

    Christmas Day is a public holiday, that does not mean you have a statutory right not to work that day.

    Public holidays confer public holiday benefits, the employer has a choice of:

    1. A paid day off on that day.
    2. An additional days pay.
    3. An additional day of leave.
    4. A paid day off within a month of that day.

    Also, no doubt you know that leave days dates are at the discretion of the employer, taking into account family consideration and business needs. In other words, though the op may book off dates at Christmas, that is not to say they must be given by the employer.

    To add to that. Citizens information on the public holiday page says if you write 21 days to your employer asking which option are they going for and they don't respond with in 7 days, 14 days before the public holiday you are entitled to take the day off with pay regardless.


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    #7
    Dav010
    Registered Users Posts: 14,570 ✭✭✭✭Dav010


    sheamusD12 wrote: »
    To add to that. Citizens information on the public holiday page says if you write 21 days to your employer asking which option are they going for and they don't respond with in 7 days, 14 days before the public holiday you are entitled to take the day off with pay regardless.

    The op’s employer has notified staff about the Christmas period already.


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    #8
    sheamusD12
    Registered Users Posts: 20 ✭sheamusD12


    Dav010 wrote: »
    The op’s employer has notified staff about the Christmas period already.

    In what form.

    Was the opening poster told of their annual leave entitlements. It would appear not. All that is mentioned is good ot rate

    It would be completly understandable and necessary to write to their employer to seek clarification.


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    #9
    Dav010
    Registered Users Posts: 14,570 ✭✭✭✭Dav010


    sheamusD12 wrote: »
    In what form.

    Was the opening poster told of their annual leave entitlements. It would appear not. All that is mentioned is good ot rate

    It would be completly understandable and necessary to write to their employer to seek clarification.

    Annual leave entitlement is based on leave time accrued, you can calculate that yourself.
    Lollipop95 wrote: »
    The Christmas schedule has not yet been published but Christmas Day is blocked for taking any time off.
    /quote]


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    #10
    sheamusD12
    Registered Users Posts: 20 ✭sheamusD12


    Dav010 wrote: »
    Annual leave entitlement is based on leave time accrued, you can calculate that yourself.
    Lollipop95 wrote: »
    The Christmas schedule has not yet been published but Christmas Day is blocked for taking any time off.
    /quote]


    People are not required to use up annual leave for public holidays. That does not appear to be understood


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    #11
    Dav010
    Registered Users Posts: 14,570 ✭✭✭✭Dav010


    sheamusD12 wrote: »
    People are not required to use up annual leave for public holidays. That does not appear to be understood

    Who is saying Christmas Day must be taken as an annual leave day?


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    #12
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    There is some misinformation being given here.

    Just because it’s a public holiday you are not automatically entitled to the day off.

    For plenty of employees it falls as a regular days work but they are compensated by the statutory alternative arrangements available.

    For them if they want that day off work it will require annual leave.

    In one company I worked the public holidays were accounted for in our compensation and so it was just another regular day, if it was on your roster you worked it or applied for annual leave.

    We would typically allow an extra employee have leave on public holidays but that was reliant on good attendance by the others who were rostered on. There were instances where this was withdrawn due to people ringing in sick on bank holidays.


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    #13
    sheamusD12
    Registered Users Posts: 20 ✭sheamusD12


    Dav010 wrote: »
    Who is saying Christmas Day must be taken as an annual leave day?

    There is a reason socrates was forced to drink hemlock.

    If you go back to the first post the op stated his employer requested that if possible al is not taken over Christmas.

    The op is weighing up their remaining al days and life balance issues with the requirements of their work.

    It is a reasonable assumption to make that if the worker takes this day that it comes out of their al.


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    #14
    Dav010
    Registered Users Posts: 14,570 ✭✭✭✭Dav010


    sheamusD12 wrote: »
    There is a reason socrates was forced to drink hemlock.

    If you go back to the first post the op stated his employer requested that if possible al is not taken over Christmas.

    It is a reasonable assumption to make that if the worker takes this day that it comes out of their al.

    Not sure what the first sentence means.

    You are missing an important part of the sentence by the op, Christmas Day has been blocked to stop anyone taking it off, as is the employer’s right. There is no statutory right to not work on a PH, there is however statutory right to PH benefit if you do.

    It most certainly is not a reasonable assumption to make as it would be illegal for an employer to count a PH as annual leave as it is a statutory public holiday.


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    #15
    sheamusD12
    Registered Users Posts: 20 ✭sheamusD12


    Dav010 wrote: »
    Not sure what the first sentence means.

    You are missing an important part of the sentence by the op, Christmas Day has been blocked to stop anyone taking it off, as is the employer’s right. There is no statutory right to not work on a PH, there is however statutory right to PH benefit if you do.

    It most certainly is not a reasonable assumption to make as it would be illegal for an employer to count a PH as annual leave as it is a statutory public holiday.

    The first sentence is regarding your debating method.


    So we are agreed. The op should not use their al on the public holiday.

    Thank you.


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    #16
    Dav010
    Registered Users Posts: 14,570 ✭✭✭✭Dav010


    sheamusD12 wrote: »
    The first sentence is regarding your debating method.


    So we are agreed. The op should not use their al on the public holiday.

    Thank you.

    At the risk of pointing out the obvious, so far, you are in fact the only person that I can see, that is saying the op was made you use AL for Christmas Day.

    You are agreeing with yourself. I am not debating you.


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    #17
    sheamusD12
    Registered Users Posts: 20 ✭sheamusD12


    Dav010 wrote: »
    At the risk of pointing out the obvious, so far, you are in fact the only person that I can see, that is saying the op was made you use AL for Christmas Day.

    You are agreeing with yourself. I am not debating you.

    So there is no debate. We are both in agreement that Al is not to be used to take time off on a public holiday.

    That if someone is required to work on a public holiday they are required to be reimbursed through one of three other methods.



    An additional day of annual leave
    An additional day's pay
    A paid day off within a month of the public holiday

    That an employee is entitled to seek in writing no later than 21 days before a public holiday how they will be reimbursed for working a public holiday and get a response no later than 14 days before that public holiday explaining how they will be reimbursed. If they do not receive this clarification they are entitled to take the public holiday off with pay


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