
Mary Gavin
Managing Associate | Legal
Ireland

Mary Gavin
Managing Associate
Ireland
No Content Set
Exception:
Website.Models.ViewModels.Components.General.Banners.BannerComponentVm
Holiday season is upon us. It's a time for relaxation and for employers and employees in Ireland to be clear on their statutory rights and obligations when it comes to annual leave entitlements.
In this article, Ogier's Employment team provides comprehensive guidance on annual leave in Ireland, outlining the fundamental principles employers and employees need to understand to ensure compliance and best practice during the busy summer months.
Under Section 19 of the Organisation of Working Time Act 1997 (1997 Act) all employees are entitled to annual leave.
Employers must provide details of an employee's annual leave entitlement in their employment contract.
There are three methods of calculation to cover varying working patterns:
Annual leave should include an unbroken block of two weeks if the employee has worked at least eight months in the leave year.
By the party that pays their wages, which may be the client company or the employment agency.
Annual leave should be taken within the related leave year. It is at the employer's discretion to allow an employee to carry over their annual leave entitlement for a period of six months into the next leave year.
If an employee becomes ill during their annual leave and provides a medical certificate, these days will not be regarded as annual leave.
If an employee is on long-term sick leave and cannot take their annual leave due to illness, leave may be carried over for a period up to 15 months.
Employees must be granted time off to protect their health and safety. If an employee does not utilise their annual leave entitlement in the leave year, employers cannot pay their employee in lieu of the minimum statutory annual leave entitlement.
However, if employment is terminated, the employee is eligible to be paid for any annual leave that has accrued but has not been taken.
Full-time employees are entitled to public holidays as well as their paid annual leave. However, employers can choose to provide:
Part-time workers are eligible when they have worked a total of 40 hours in the previous five weeks.
Record keeping can be tricky to navigate when many employees work remotely and flexibly.
Nevertheless, employers must keep a record of employees' hours worked, breaks and rest periods for three years, unless there are electronic or manual record keeping systems in place.
A complaint to the Workplace Relations Commission must be made within six months of the date of the alleged breach.
If the complaint is well-founded, the Workplace Relations Commission may require the employer to comply with the rules they have breached and may also require them to pay the employee compensation not exceeding two years pay.
Our Employment team assist employers with drafting and advising on contractual policies, including annual leave obligations.
For further information or for assistance with complying with the legislation mentioned, contact our team via the details provided below.
Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
Sign up to receive updates and newsletters from us.
Sign up
No Content Set
Exception:
Website.Models.ViewModels.Blocks.SiteBlocks.CookiePolicySiteBlockVm