Civil Service Annual Leave - 3 Year Rule

paintitwhite

Hi guys,

I am currently in year 2 of my annual leave cycle. If I use them all before March will I progress to year 3 next year or will I revert to year 1?

Thanks

gipi

You go back to year 1

Kimbot

You will revert to Year 1 basis if you carry no leave over.

billyhead

Just a quick question. If your in leave year 1 must you take the statutory minimum number of days which I think.is 20 and you can carry over the rest of can you take less than 20 and carry over the rest. If say you take 17 days annual in year one do you automatically lose 3 and carry over 5 if your annual allowance is 25 days?

martingriff

https://www.boards.ie/discussion/comment/120285037#Comment_120285037

I think you automatically gets over the statutory and can apply for the rest but it's been a while since I had that amount so bring over so may have changed

billyhead

https://www.boards.ie/discussion/comment/120285057#Comment_120285057

Do you mean I have to use up at least 20 days in year 1?

martingriff

https://www.boards.ie/discussion/comment/120285085#Comment_120285085

No what I was saying was last time I had less then 20 used I would automatically get that over it and then you apply for the rest. Not sure if it is same now. Ask your HR or last resort People point if you department use it

Kirbi

I suppose theoretically it depends on whether your organisation and/or management monitor the statutory aspect.

However, I've been in a variety of departments under different HR models over the years (some with NSSO/PeoplePoint, and some not), and it has never been policed in any of them.

I think you're safe to use less than 20 and carry the remainder in most places.

And certainly the NSSO's systems won't 'care' if you take less than the stat min - honestly it can be difficult to gauge what it is sometimes, when a good amount of people are doing something to reduce it (work-share pattern, shorter working year, etc.)

cnmjb92

Hi all!

hopefully someone can help me shed some light on cycle 3 because I am utterly confused and don’t want to lose any AL at the end of the month.

I currently have 7 AL days left to take and I am in cycle 3. I am currently entitled to 22 AL days a year so 2 in excess of the statutory minimum.

am I right in saying if I take 5 AL days before the end of the month I can then carry over 2 AL days as it is the difference between the statutory minimum entitlement and my current leave year allowance ?

all views/opinions welcome before I’m brain explodes lol

Kimbot

https://www.boards.ie/discussion/comment/120319681#Comment_120319681

If you are in year 3 then you cannot carry any leave into year 4, you will start the next year on year 1 with your 22 days.

wench

If you are in cycle year 3, carrying over leave above the statutory minimum is restricted to the difference between your statutory minimum entitlement and your current leave year allowance (i.e. this does not include carryover of annual leave from previous years).

You will lose any leave in excess of the statutory minimum that you have carried into cycle year 3 and have not used it by the end of the leave year.

https://nsso.gov.ie/en/services/carryover-of-annual-leave/

NSSO's info implies that the two days from this year can be carried

cnmjb92

Thanks Kimbot that’s what I thought but I am finding a lot of different information in circulars online that is causing confusion.

In circular 27/03 cycle 3 is outlined as follows:

(iii)At the end of the third year of the cycle, carry-over under this paragraph will be limited to the difference (if any) between the statutory minimum annual leave allowance (4 working weeks) and the officer's normal annual leave allowance which has been accrued during the third year of the cycle. This is entirely separate from the arrangements in respect of the statutory minimum annual leave allowance (see paragraph 3). For example an officer with an annual leave allowance of 29 days who takes only the statutory minimum annual leave allowance of 20 days each year will, in the third (and final) year of the carryover cycle, have 47 days annual leave during that year. This is made up of 29 days accrued during the year plus 18 days carried forward from the previous two years. If the officer takes only the statutory minimum annual leave allowance of 20 days during the third year of the cycle. the 18 days carried over into the leave year from the previous leave years will be forfeited by the officer and his/her carryover of annual leave at the end of the year will be limited to 9 days, viz. the days. in excess of the statutory minimum. accrued but untaken during the leave year. This year will then become year one of a new carryover cycle in respect of the carryover of leave in excess of the statutory minimum of 20 days

see why my head is exploding.. I just don’t want to lose my leave.

TIA

Kirbi

You can't carry out of year three without forfeiting some (often a lot).

This is because your remaining statutory leave is all you can carry out of year 3, and that's not the last leave used.

The order in which annual leave is used matters here:

1. Any part of the statutory minimum (or stat min) carried forward from the previous year

2. The stat min for the current year

3. Leave from the current year in excess of the stat min

4. Leave from previous years in excess of the stat min

This is as per circular 27/03.

As you can see, due to the sequence, you can never* carry out of year 3 without losing annual leave.

* Some exceptions apply for those who were/are on long term sick or Maternity Leave.

billyhead

The 7 days will need to be used up otherwise you will forfeit the. During COVID some exceptions were made when in year 3.

cnmjb92

Gotcha ! Thanks for all the advice !