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Can i work overtime while on Annual leave (Civil service)

  • 02-01-2024 7:35pm
    #1
    Registered Users, Registered Users 2 Posts: 8,109 ✭✭✭


    I'm on Annual leave for the week but a different section within the department has made OT available during the 9-5 working hours.


    Does anyone know if i can i do this as OT or do i just get my leave day back?



Comments

  • Registered Users, Registered Users 2 Posts: 3,256 ✭✭✭Kaisr Sose


    What does HR or payroll say?

    I would have thought if you were on AL you cannot do overtime. How do you find out about this if you are on AL?

    Maybe it's time to enjoy your leave for what it is, a break from pressure and structures of work?



  • Registered Users, Registered Users 2 Posts: 11,086 ✭✭✭✭Jim_Hodge


    My understanding is you most certainly cannot work OT while on leave.



  • Registered Users, Registered Users 2 Posts: 8,109 ✭✭✭Guffy


    Cheers for the input. Ah well.



  • Registered Users Posts: 61 ✭✭DEW138


    The Organisation of Working Time Act 1997 regulates the rest periods and hours of work for employees and applies to all employees and breach by an employer may result in a claim before the Workplace Relations Commission and the employer being criminally prosecuted. It also prohibits payment in lieu of annual leave except when contract is terminated. In this way,no you can not work overtime and get paid annual leave.



  • Registered Users, Registered Users 2 Posts: 3,256 ✭✭✭Kaisr Sose


    The above would/may apply to min statutory leave of 20 days...I had 32 days. Outside statutory I am sure you could come to an agreement to work holidays without falling foul of the Act Employer is civil service here, so I doubt that would happen.

    In what the OP postet, payment would not be in lieu of leave, rather on top of it. E.g. they are on paid leave from a 9-5, and potentially working 9-5 overime while on leave.

    I don't know why anyone would want to work overtime when on annual leave.

    Post edited by Kaisr Sose on


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  • Registered Users Posts: 61 ✭✭DEW138


    The key word is could come to an agreement. I work in public sector payroll and this was refused numerous times quoting OWT.



  • Registered Users, Registered Users 2 Posts: 2,402 ✭✭✭1874


    Im curious as to what work is being done in the Civil Service where this question is even being asked??



  • Registered Users, Registered Users 2 Posts: 3,256 ✭✭✭Kaisr Sose


    And so it should be. I would not be sure the OWA would come into it if the employee had already taken 20 days, this both parties are compliant with act.

    I worked in PS too and not everything HR says is actually correct or compliant, They don't see the scope that is permitted once a key benchmark has been met or exceeded. They will just use the act as the reason to say no as that's an easy out. Risk adverse would be the term I use.

    Meanwhile, many employees are working more than 48hrs a week to stay on top of work, are not taking 20 days holidays etc due to workload, and they did not monitor that.

    I flagged this to them for someone on my team and they did nothing to address it. The person was in work sometimes 7 days a week, and had a carry over of 60days leave. HR never flagged the leave to me. I only found out the extent of it by highlighting a concern I had about this person

    After this, nothing would surprise me in PS compliance with OWA



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