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Annual leave from last year

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  • 25-02-2020 12:39pm
    #1
    Gwen Cooper
    Registered Users Posts: 719 ✭✭✭


    Hi all,

    I'm getting conflicting information about this from different people, so I thought I'll ask here and see what happens.

    I carried 7 days annual leave over from 2019. We are told now that whoever carried some days over into 2020, these days have to be used by the end of March, or we're going to lose them without getting paid for those days instead.

    I have no intention of taking any time off before the end of March, it's very busy at work at the moment and I'm the only one here, so it's a right hassle arranging for someone from another department to cover for me.

    - One person told me that the company is entitled to make their own rules about this.

    - Someone else told me that they can't do that and I can use these days any time during this year, but it won't be possible to carry them into 2021.

    - Another person told me that this is illegal and they have to pay me for the days I didn't take if I don't want to take the time off.

    Do you know who's right here?

    Cheers! :)


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    #2
    [Deleted User]
    Posts: 5,121 ✭✭✭ [Deleted User]


    It all depends.

    Did you get to take statutory holidays last year?
    What does your manager say?


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    #3
    OMM 0000
    Registered Users Posts: 3,733 ✭✭✭OMM 0000


    "It is for your employer to decide when annual leave may be taken, but this is subject to a number of conditions. Your employer must take into account your family responsibilities, opportunities for rest and recreation that are available to you and to consult with you (or your union) at least one month before the leave is to be taken. In addition, annual leave should be taken within the appropriate leave year or with your consent, within 6 months of the relevant leave year. Further holding over (also known as carrying-over) of annual leave at your wish is a matter for agreement between you and your employer."

    https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html


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    #4
    OMM 0000
    Registered Users Posts: 3,733 ✭✭✭OMM 0000


    So it seems like you should be able to take them until the end of June, but anything after that has to be agreed by both you and your employer.

    But the catch is they can force you to take them before the end of June.


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    #5
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    There is also a consideration about the days.

    So if you just get the statutory 20 days then as above these are protected until June by law, many employers are unaware of this and it may cause friction, but they cannot have rules or index contractual clauses that negate your statutory entitlement.

    However, say you get 30 days AL, only 20 of these are protected up to the six months after the year, the law only protects your statutory entitlement days, that would leave 10 days that they can say are lost if not take, or have whatever rules they want about.


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    #6
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    In effect what your employer is telling you is that you have to take 7 days off by the end of March.

    "Use it or lose it" is illegal. If you have holidays left over, it is up to your employer to ensure that they are taken.

    This is what they are doing right now.

    You don't have to take 7 continuous days anyway. There are five Mondays between now and the end of March. Take them all off. Add two Fridays in for good measure. A whole month of long weekends!

    If anyone whinges, then you just say that you're doing what you were told to do and if they have a problem, go take it up with HR.


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    #7
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    seamus wrote: »
    In effect what your employer is telling you is that you have to take 7 days off by the end of March.

    "Use it or lose it" is illegal. If you have holidays left over, it is up to your employer to ensure that they are taken.

    This is what they are doing right now.

    You don't have to take 7 continuous days anyway. There are five Mondays between now and the end of March. Take them all off. Add two Fridays in for good measure. A whole month of long weekends!

    If anyone whinges, then you just say that you're doing what you were told to do and if they have a problem, go take it up with HR.

    Your plan is correct.

    But your not 100% correct, there are definitely cases where a company can have a “use it or loose it” policy and be legal, the law only protects statutory annual leave.


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    #8
    cml387
    Registered Users Posts: 8,439 ✭✭✭cml387


    _Brian wrote: »
    Your plan is correct.

    But your not 100% correct, there are definitely cases where a company can have a “use it or loose it” policy and be legal, the law only protects statutory annual leave.

    Yes, our company has threatened that untaken leave will be forfeit after April of the year following.


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    #9
    kippy
    Registered Users Posts: 18,601 ✭✭✭✭kippy


    OP, how would the company manage if you fell off the face of the earth tomorrow?
    You should take your days and enjoy the time off.


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    #10
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    The law aspect of my business degree was lectured in part by barristers from IBEC, they would be very definite on this stuff.


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    #11
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    _Brian wrote: »
    Your plan is correct.

    But your not 100% correct, there are definitely cases where a company can have a “use it or loose it” policy and be legal, the law only protects statutory annual leave.
    That's true, I didn't think of that.


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    #12
    Love2love
    Registered Users Posts: 1,257 ✭✭✭Love2love


    The 6 months rule is only when the employers asks you to put them off for business necessity. That is why the employees consent it required.

    Use it or lose it is indeed legal however, can be challenged if for instance, the organisation made it impossible for you to use them so the statutory must definitely be used. Those who were on protected leave such Maternity or Sick are entitled to carry over their leave.

    It is at the discretion of the employer when leave it taken.


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    #13
    skallywag
    Registered Users Posts: 3,000 ✭✭✭skallywag


    This one comes up quite a bit, and I tend to look at in the following manner.

    Was there some reason, from your employers side, that you could not take the leave? e.g. you had wanted to go for x weeks in month y, but your employer asked you not to, etc.? In this case no reasonable employer is going to refuse the leave being carried over.

    On the other hand, if there were lots of opportunity for you to take the leave, and you just did not use it by completely your own choice, then the situation has a different slat for me.

    I would always ask what the carried over leave policy is before carrying over any days. We are always 'encouraged' to use as much of our annual leave as possible within the year, which is a completely reasonable request in my opinion, as long as the employer has given the employee a fair chance to take it at a suitable time.


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