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Annual leave Civil Service circular 08/2023

  • 27-06-2023 11:31am
    #1
    Registered Users, Registered Users 2 Posts: 4,577 ✭✭✭


    Hi all,

    How does everyone feel about the new annual leave circular where you can only carry over non statutory annual leave? It really does not benefit those with 22-23 days annual leave at all as you are only allowed to carry over 2-3 days each year. I preferred the 3 year rule. I wonder will Forsa have anything to say on this?

    The rules for annual leave when I was in the private sector were even more flexible than this! I think I was allowed to carry over 5 days each year as long as they were used within first 6 months.




«13

Comments

  • Posts: 1,539 ✭✭✭ [Deleted User]


    Thanks for starting the thread, @jaffa20

    I am actually really shocked that I never heard a single thing about these changes from the Union in advance of them happening. They are not insignificant changes either.

    First of all, I'll admit I am slightly confused about what is "statutory" and "non-statutory" leave. On my first quick scan of the circular, apparently extra days for long service are non-statutory. I assume time-in-lieu earned is non-statutory as well.

    Not that I ever have a problem using up all my leave! 😉



  • Registered Users, Registered Users 2 Posts: 1,671 ✭✭✭wench


    My understanding is that the statutory days are the 20 days you get under the working time act. Anything over that is non-statutory.

    I had never made it out of year one before covid, not taking as much leave as possible never crossed my mind!



  • Registered Users, Registered Users 2 Posts: 5,841 ✭✭✭caviardreams


    Statutory is the 20 days minimum leave - non-stat is anything above that



  • Posts: 133 ✭✭ [Deleted User]


    Well that screws me up. I had 35 days going into this year. I've still 25 left.

    I travel abroad and being able to carry over suite me .



  • Posts: 1,539 ✭✭✭ [Deleted User]


    I imagine they decided to do this now, because most will be coming to the end of the previous 3 year roll over, (that included the pandemic) at the end of this leave year.

    I have a lot of days to take this year, but knew I would have to use them or lose them, so had already planned for it.

    I also have a few days time-in-lieu banked, but I assume that counts as non-statutory I can continue to carry this forward.



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  • Registered Users, Registered Users 2 Posts: 4,233 ✭✭✭TaurenDruid


    I was ironically disadvantaged by PeoplePoint going "Ah, Covid, we've decided this year doesn't count in the three-year cycle." For me, that meant instead of being in year 1 last year, I was still only in year 3, and couldn't carry leave into this year. And this year, I want lots of time off because I'm planning a long trip in September/October.

    I'll have to have a good read of the circular.

    It is disgraceful that there's been nothing about this from Fórsa or the AHCPS. I hate to say it, but it seems the only point in being in a union these days is to get a discount on insurance, or if you become the victim of bullying/harassment/unfair dismissal and need individual representation. For "ordinary" negotiations on pay and conditions, they've turned into quiet little sheep!



  • Posts: 1,539 ✭✭✭ [Deleted User]


    Or the Income Continuance Plan.

    If it weren't for that, I'd have already left.



  • Posts: 1,539 ✭✭✭ [Deleted User]


    Noticed this as well:

    2.5 Timing of Annual Leave

    Should employers wish to close the premises or enforce the taking of annual leave on specific dates, they must ensure that Staff Side representatives and / or officers are consulted at least one month before the annual leave is due to commence. Note: This provision is only intended to cover situations whereby a Department is specifically selecting the period in which annual leave must be taken (e.g. closing offices of a Department on a particular day).

    I'm now fully expecting that Departments will close over the Christmas period and deduct those days from Annual Leave. Added brownie points for them if they claim its due to "energy efficiency".



  • Registered Users, Registered Users 2 Posts: 296 ✭✭BhoyRayzor


    I assumed all Departments were enforcing the requirement for staff to take the statutory minimum 20 days in the year, in ours it was.



  • Registered Users, Registered Users 2 Posts: 36,547 ✭✭✭✭Hotblack Desiato


    It's amazing (and highly aggravating) the lack of consistency between depts/offices even though all HR depts are supposed to be implementing the same circulars!

    Disgraceful that the unions haven't said a word about this, did they raise any objections at all? Certain people will be highly disadvantaged over this and I thought we were supposed to be moving towards greater flexibility in the workplace not less!

    PER seem determined to chip away at T&Cs bit by bit, just because they can.

    I'm partial to your abracadabra,

    I'm raptured by the joy of it all.



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  • Registered Users, Registered Users 2 Posts: 4,233 ✭✭✭TaurenDruid


    They are (or should have been?) - that hasn't changed.



  • Registered Users, Registered Users 2 Posts: 4,233 ✭✭✭TaurenDruid


    Yeah, agreed. I'm going to get in touch with my branch/head office and see what the story is.



  • Moderators, Regional Abroad Moderators Posts: 2,403 Mod ✭✭✭✭Nigel Fairservice


    Our HR unit were sending out departmental wide emails in the last few months reminding staff to take their statutory leave. They never did this in previous years. The circular wasn't referenced in the emails either. I always liked carrying over a few days leave for unforseen events.



  • Posts: 1,539 ✭✭✭ [Deleted User]


    I think I will too.

    In all honesty, I think I'm more annoyed by the complete lack of Union contact then I am about the changes.

    And yet, the public have the impression that Public Sector Unions are oh so mighty and powerful!

    They've been bloody useless in the last few years, imo.



  • Registered Users, Registered Users 2 Posts: 910 ✭✭✭doc22


    The new circular means nothing for most staff and actually removes the cliff edge in year 3, an improvement for most. I'm unsure how anyone is disadvantaged(a year to use excess leave seems fair to me?)



  • Registered Users, Registered Users 2 Posts: 4,233 ✭✭✭TaurenDruid


    My understanding is that after the transition period, you can only carry leave into the next year. Under the old rules, you could carry leave over from Year 1 into Year 2, and from Year 2 into Year 3 - including some of the leave from Year 1. (And you were very much limited as to what you could carry over from Year 3 to Year 1).

    The effect of the rule change means that I will no longer be able to do what I did a few years ago, i.e., "save up" leave over 2 years to be able to take six weeks off, to go on a long-haul holiday and still have time off at Christmas and a few other days here and there for emergencies, etc.

    It's not something that everyone would use, sure. Those of us who have family on the opposite side of the world absolutely did use it. And that flexibility is being removed for no real reason - other than PeoplePoint/NSSO's leave system will no longer have to do the calculations in December/January and March/April, depending on when the leave year ended.



  • Registered Users, Registered Users 2 Posts: 910 ✭✭✭doc22


    For 6 weeks off the shorter working year can come into play or taking the continous 6 weeks can be achieved using a combination of leave years say the end and begining of a two leave years in jan/fe or mar/apr.



  • Registered Users, Registered Users 2 Posts: 4,233 ✭✭✭TaurenDruid


    I would rarely want to take 6 weeks off across Jan/Feb. and shorter working year means you're not paid for some of those weeks. I mean, it's an option, yes, but ultimately some people can't afford that and it's a reduction in flexibility.



  • Registered Users, Registered Users 2 Posts: 10,433 ✭✭✭✭billyhead


    Does anyone know if the leave year starts on April 1st and you have 5 years service in your current grade on say May 1st and after 5 years service your owed a days extra leave is it applied from April 1st 2024 or should it be added from May 1st in this current year?



  • Posts: 1,539 ✭✭✭ [Deleted User]


    2.1 Statutory Annual Leave Entitlement

    “Statutory annual leave” is the expression used in this Circular to describe the legal minimum amount of paid annual leave to which all employees are entitled from their employer under the OWTA 1997. All full-time employees are entitled to a statutory minimum annual leave entitlement of four weeks’ each year, with pro-rata entitlements for those who work reduced workshare patterns.

    I'm not sure if I'm interpreting this correctly, but I'm open to correction on it.

    • If a CO has an annual leave allowance of 22 days (20 statutory) they can *carry over 2 days per year - any more "in exceptional cases".
    • If an EO has an annual leave allowance of 25 days (20 statutory) they can *carry over 5 days per year - any more "in exceptional cases".
    • A HEO has an annual leave allowance of 29 days (20 statutory) can *carry over 9 days per year - any more "in exceptional cases".

    And so on.

    If I am interpreting this correctly (I asked on the other thread what the difference between statutory and non-statutory was) then that's a big distinction between grades that never existed before.

    (I originally thought the full annual leave allowance would be considered statutory, but apparently only 4 weeks is).

    *Corrected for clarity

    Post edited by [Deleted User] on


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  • Registered Users, Registered Users 2 Posts: 10,900 ✭✭✭✭Riskymove


    No everyone can carry the non statutory leave (i.e. over 20 days) into the next year but must use it in that next year.

    so a CO with 22 days can carry 2 days into the next year at their discretion


    You can only carry any of the statutory leave in "exceptional circumstances" where you have been unable to use it



  • Registered Users, Registered Users 2 Posts: 10,900 ✭✭✭✭Riskymove


    Also, there has always been statutory leave. 20 days since the 1997 act


    and we are all supposed to use that other than in exceptional circumstances. and any statutory leave carried over had to be used by September of the next year. However this was not always enforced.



  • Registered Users, Registered Users 2 Posts: 2,414 ✭✭✭Ninthlife


    • If an EO has an annual leave allowance of 25 days (20 statutory) they can apply to carry over 5 days per year "in exceptional cases".

    Using the above, my understanding is say the EO carries over 5 days, the leave entitlement will be 30 days. The 5 days carried over will be used first for any leave in the new leave year and not count towards the statutory 20. So effdctively the EO has to take 25 days leave (5 carried over + statutory 20)

    Am I right?



  • Registered Users, Registered Users 2 Posts: 10,900 ✭✭✭✭Riskymove


    yes


    again unless there are more exceptional circumstances but I think HR would be monitoring such



  • Registered Users, Registered Users 2 Posts: 399 ✭✭Red Wolf


    Basically yes. The exceptional cases refers to the Carry over of Statutory Annual Leave i.e. the 4 weeks/20 days every one is entitled to but only that accrued in the previous leave year. Anything above that in your allowance i..e anything over the 20 days can be carried into the next leave year and will be used first. Also have to remember that CO’s and EO’s leave entitlements increase with length of service.



  • Registered Users, Registered Users 2 Posts: 5,841 ✭✭✭caviardreams


    Regardless of the issue itself, echo somebody else here who sad the lack of comms from the union on this has been ridiculous



  • Registered Users, Registered Users 2 Posts: 399 ✭✭Red Wolf


    Agreed.I only know of this change from this thread. No communication from Union and to date no mention of it from my Department or NSSO



  • Posts: 1,539 ✭✭✭ [Deleted User]


    Yes, I think I worded it poorly.

    But the point is a HEO (for example) can carry over up to 9 days at their discretion, but now a CO is limited to only 2.

    Whereas before, if a CO wanted to carry over more they could do so under the 3 year rule, without having to make an "exceptional needs" case to do so.

    Or maybe I'm not reading it right.

    On lenght of service, I noticed as well that it only takes 5 years for an AO to get an extra 4 days A/L but 14 years for an EO or a CO! But that should probably be another thread....


    Post edited by [Deleted User] on


  • Registered Users, Registered Users 2 Posts: 910 ✭✭✭doc22


    I might be wrong but everyone was meant to take their 20 days in a given year even before this circular. It just might not have been enforced.



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  • Registered Users, Registered Users 2 Posts: 5,841 ✭✭✭caviardreams


    A CO would always have had to use 20 days per annum though - the stat min - for health & safety / working time reg purposes.



  • Registered Users, Registered Users 2 Posts: 1,671 ✭✭✭wench


    You were always supposed to take all your statutory leave unless business needs prevented it.

    If it was carried forward, you only had 6 months to use it, you couldn't keep rolling it forward.


    From the old circular:

    12. Carryover of the statutory minimum annual leave allowance is subject to the provisions

    of paragraph 3 (i.e. an employee must be granted the statutory minimum annual leave allowance

    (now 4 working weeks) within the leave year in which it is accrued, or with the employee's

    consent, within six months of the start of the next leave year). While Departments are obliged to

    allow staff to take their statutory minimum annual leave allowance within this timeframe, every

    effort should also be made to make it possible for staff to take all of the leave allowable to them

    in each leave year.

    15. In any leave year, an officer must take his/her annual leave allowance in the following sequence:-

    (i) any part of the statutory minimum annual leave allowance carried forward from

    the previous leave year (which must be taken within six months of the start of the

    new leave year),



  • Posts: 1,539 ✭✭✭ [Deleted User]


    This is a big part of the issue, as I see it.

    The former 3 year carry over cycle didn't put any limit on the number of days that could be carried over, statutory or otherwise. No case for carrying over statutory days had to be made. It carried over automatically (at least, it did in my dept).

    Was this different in other depts?

    If this was to be changed - fair enough - but the Union should have been informing people that this was going to happen.



  • Registered Users, Registered Users 2 Posts: 1,278 ✭✭✭NapoleonInRags


    AHCPS briefed members on this last February / March in fairness......



  • Registered Users, Registered Users 2 Posts: 26,433 ✭✭✭✭Mrs OBumble


    Statutory annual leave exists for the purpose of giving you adequate rest and reecreation to recove from the stress of working. If you save it up instead of using it each year, you are not getting that rest.

    That's a perfectly good reason for the change.



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  • Posts: 1,539 ✭✭✭ [Deleted User]


    I remember hearing changes were going to be made to how long time-in-lieu earned for extra attendance could be carried over. But not Annual Leave.

    And that was not from the union, but from HR.



  • Registered Users, Registered Users 2 Posts: 118 ✭✭spark_tank


    Well that's not being very flexible is it? Everyone is different. Some people might feel perfectly adequately rested with 10-15 days off, especially if they have another 10-15 days flexi leave during that period. All the while knowing that they have an extra long break to look forward to every 3 years.


    The change is for the benefit of the employer, not the employee.



  • Registered Users, Registered Users 2 Posts: 4,233 ✭✭✭TaurenDruid


    Nor anywhere I've worked. Managers would ask people to take at least two weeks together, but it was certainly the case that people would 'save up' their leave for things like big trips or weddings the following year.



  • Registered Users, Registered Users 2 Posts: 4,233 ✭✭✭TaurenDruid


    How? Email or newsletter? There's nothing on their website about it. Five news items since Christmas, one of them shilling a Cornmarket sales pitch, three about a vacancy, and the Christmas newsletter.



  • Registered Users, Registered Users 2 Posts: 4,233 ✭✭✭TaurenDruid


    Wrong end of stick... and we're mainly talking about losing the ability to carry over non-statutory leave, anyway. In any case, you're private sector, so the circular doesn't apply to you.



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  • Posts: 1,539 ✭✭✭ [Deleted User]


    Same in mine.

    I know I've worked with a couple of parents with young kids would try to save as much leave as they could spare to cover them for when the kids got sick.



  • Registered Users, Registered Users 2 Posts: 257 ✭✭leanbh


    The only rule I knew of that was strictly enforced was as another poster said -you had to take at least 2 consecutive weeks per week- you could carry over everything else under the old circular.

    Also, I understood that a circular is terms and conditions of a civil servants employment.

    In order to change terms and conditions you have to "consult" with employee.

    In civil service this has always been done through formal meetings with union on behalf of all civil servants.

    So did Forsa sit down with Dper and give them the nod to go ahead??

    If not, is the new circular even valid?

    I'm annoyed as I've a wedding In Oz year after next and was hoping to make it into a big break with my family.



  • Moderators, Regional Abroad Moderators Posts: 2,403 Mod ✭✭✭✭Nigel Fairservice


    I've been in 3 departments and none made staff to take two weeks together. Never even heard of it happening. I've never taken 2 weeks together in the civil service.



  • Registered Users, Registered Users 2 Posts: 36,547 ✭✭✭✭Hotblack Desiato


    I'm surprised I have to say. I'm nearly 30 years in CS in various places and have never, once, heard of anyone being asked to take two weeks together.

    Although it was a rule when my wife was working in financial services!

    I'm partial to your abracadabra,

    I'm raptured by the joy of it all.



  • Registered Users, Registered Users 2 Posts: 36,547 ✭✭✭✭Hotblack Desiato


    In order to change terms and conditions you have to "consult" with employee.

    In the private sector, yes, supposedly.

    In the public sector, yes if they feel like it, but they always reserve the right to just do what they want and are not subject to as many legal restrictions as private sector employers. Also civil servants have almost no recourse to the WRC.

    Cuts in pay and T&Cs after the crash were unilaterally imposed and anyone who says stuff like "the unions sold out the new employees" hasn't the foggiest notion of what they are talking about, a popular notion among Indo readers in particular. 🤨

    I'm partial to your abracadabra,

    I'm raptured by the joy of it all.



  • Registered Users, Registered Users 2 Posts: 257 ✭✭leanbh


    Wow. Didn't know they'd no obligation to consult with unions.

    So they can look at what's the legal minimum we can get away with and apply that?

    That seems wrong when they are always promoting themselves as employer of choice for flexibility etc.

    What's the point of the union then?

    Anyway keeping an eye on this! Very enlightening this discussion.



  • Posts: 1,539 ✭✭✭ [Deleted User]


    Given what @wench has posted above, it looking more like this is a tightening up of pre-existing conditions on statutory leave that were already in the older circular but were just never enforced, then new conditions.

    Given that, and they're citing the OWTA as their basis, then I doubt the Union could have done much about it.

    But I'm still annoyed that they seem to be absent on every issue. The communication is zero. I think a lot of people are going to be totally blindsided by this.

    The two week thing on Annual Leave in my Dept was always framed as a request. It was never actually enforced, either.



  • Registered Users, Registered Users 2 Posts: 4,233 ✭✭✭TaurenDruid


    So the most recent time FFG bankrupted the country, civil servants had a pension levy, a pay freeze, and (2?) pay cuts, plus an increase in hours worked. The unions' reaction was "well, it could have been worse, there could have been redundancies!"

    The public service unions covering clerical/admin/managerial staff seem mostly there to act as a conduit for insurance companies selling stuff to us and for recommending we vote in favour of whatever below-inflation pay rise they "negotiated" for us.

    That said, they're still necessary, because a) imagine how much worse things would be without them; and b) if an individual needs advice/representation because of bullying/harassment/victimisation.



  • Registered Users, Registered Users 2 Posts: 257 ✭✭leanbh


    I can understand needing tightening terms of employment when the country went bankrupt back in 2009.

    What I don't understand is when country is doing well (Exchequer I mean) why are they reducing their favourable terms and conditions?

    They have a real difficulty recruiting in Dublin particularly.

    One big attraction for people in taking up a civil service post at Clerical Officer or executive officer level , heo etc was always the flexibility and generous terms (while accepting the pay would be a good bit lower than open market).

    In a market where currently, employees can be choosy, I don't understand the thinking behind this.

    I'm older so it doesn't bother me.

    But it does look like an active attempt to pare down the public service by snips here and there, maybe thinking no-one will notice?



  • Posts: 1,539 ✭✭✭ [Deleted User]


    New COs in Dublin will soon be like gold dust, unless they're still living at home with their parents.

    Its not worth it for what it pays.



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