October 01, 2019
As we commence Q4 of the year, it is important for Employers consider the outstanding annual leave balance Employees might have to date, as well as the Organisations policy on the carry-over of annual leave into the following year.
Where it becomes apparent that Employees have not taken their leave, or have a considerable amount of leave yet to be booked and/or taken, it is recommended that the Employer writes to the Employee(s) to confirm that they should avail of their leave and even offer dates when it will be possible to take time off.
Some Organisations may have a Policy in place which stipulates that a specific number of annual leave days can be carried into the following leave year, however if not, the Organisation of Working Time Act, 1997 does still include a provision where an Employee is unable to avail of their statutory annual leave during the leave year, the Employer is obliged to allow the Employee to carry over their leave and take it during the first six months of the following leave year.
As an Employer, if you have reminded Employees of their annual leave and that they should book / avail of this leave before year end, but still fail to do so, section 20(1)(b) of the Organisation of Working Time Act, 1997 permits an Employer to assign annual leave to Employee(s) with at least 1 months’ notice of same. However, Employees and/or trade union representatives should be fully consulted at first.
If you have any questions on annual leave, or the calculation of same then please contact the team at Adare Human Resource Management – info@adarehrm.ie / 01 5613594 to discuss how we can assist you.