We use cookies to give you the best possible experience on our site. By continuing to use the site you agree to our use of cookies. Find out more.



Our team are met with queries relating to Annual Leave and Public Holidays on an on-going basis and with their extensive knowledge and first-hand experience we have produced a list of Frequently Asked Questions (FAQ’s).

To view the full archive of FAQs, members of Linea need to sign in 

For further details on how to subscribe to Linea today - click here

Are new Employees entitled to Annual Leave?

A new Employee has no entitlement to annual leave until s/he has accrued entitlement to such hours by physically working the necessary hours. A Company may decide to give only those days accrued at the time of the Employee’s request for annual leave. An alternative arrangement is to approve the annual leave, on the written understanding that should the Employee leave the company before the entitlement to holidays is worked, a deduction can be made for holidays taken though not accrued. 

Who decides when holidays should be taken?

The Employer decides when holidays can be taken, subject to his/her taking into account the need for the Employee to reconcile work and any family responsibilities and the opportunities for rest and recreation available to the Employee.

The Employer must consult with the Employee or his/her trade union at least one month before the holidays are due to commence.

What happens when annual leave is not taken?

The Employer must ensure that the Employee takes his/her full statutory leave allocation within the appropriate period. If the Employer fails to ensure that an Employee receives his/her annual leave within the appropriate time, the Employer:

 - commits an offence under the Acts;

 - must pay the Employee an amount equivalent to the holiday pay s/he would have received if s/he had been allowed to take the leave in the normal way.

Can you pay in lieu of annual leave?
The Act does not allow an Employer to pay an Employee in lieu of annual leave. The Act only provides for payment in lieu of annual leave where the Employment relationship is terminated
What happens to an Employee’s annual leave entitlement when he/she leaves the Employment?

The Act provides that where an Employee ceases Employment and has outstanding annual leave, any balance must be paid for by the Employer.

If on the other hand, the Employee has taken more leave than was due, then the Employer can deduct monies from the Employee’s final pay. However, this must have been specifically provided for in the Employee's contract of Employment, or signed written agreement.

What happens when a shift over-runs a Public Holiday?

Where a shift cycle over-runs a public holiday or commences the preceding day, it is advisable for a company to consider the possibility of changing the timing of the public holiday (by agreement), so as to coincide with the timing of the shift system, i.e. at 12 midnight or coinciding with commencement of the shift on that day e.g. 8pm to 8am the following day.

Can an Employee accrue Annual Leave while on long-term Sick Leave?

Yes, legislation introduced in 2015 now allows Employees to accrue annual leave while on long term term sick leave, Employees will be able to carryover accrued leave for a period of 15 months.

get more from

For valuable insights and solutions to all your human resource needs

For valuable
insights and solutions to
all your
human resource needs

Subscribe Here