EMPLOYMENT CASE LAW / HUMAN RESOURCE MANAGEMENT – Key Considerations for Annual Leave and Public Holiday
Annual Leave
The Organisation of Working Time Act, 1997 - 2015 sets out minimum entitlements to annual leave and public holidays for all Employees. The legislation sets out to regulate how these benefits are awarded, and sets out record keeping requirements in this regard. An Employer may also decide to award additional annual leave at their discretion. This is often referred to as non-statutory annual leave. Non-statutory leave may be managed as deemed appropriate by the Employer without reference to the provisions of this legislation. However, as with any discretionary benefit of employment, care must be taken to ensure equity and fairness in the provision of such a benefit in order to ensure that no claim of inequality could arise.
All Employees are automatically entitled to annual leave on commencement of employment. The legislation sets out three methods which may be used to calculate an Employee’s statutory annual leave. Annual leave does not actually have to be “built-up” in advance of it being taken, although some Employers do introduce restrictions on the leave that an Employee may take during their initial period of employment.
Employees Annual leave entitlements are calculated by one of the following methods:
Annual leave accrual is based on actual working hours. However, time spent on annual leave, public holiday leave, maternity leave, paternity leave, adoptive leave, parental leave, jury service leave, or the first 13 weeks of carers leave must be treated as though the Employee was in attendance at work for their normal working hours.
The Workplace Relations Act 2015 has amended Sections 19, 20 and 23 of the Organisation of Working Time Act 1997. Effective from the 1st August 2015, Employees can accrue annual leave entitlement whilst absent from work on certified sick leave. Such accrual is limited to statutory annual leave days and does not entitle an Employee to accrue annual leave days over and above their statutory entitlement.
An Employee may apply for leave in any pattern which they wish to avail of. However the approval of leave lies at the discretion of Management. The legislation requires the Employer to consider the Employees need for rest and recreation, and to reconcile their work and family responsibilities when an application is received. However, business requirements may also be considered in light of this.
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. An Employer may refuse to allow an Employee to carry over non-statutory annual leave, provided this is clearly outlined to the Employee in the terms governing annual leave.
Public Holidays
Qualifying Employees are entitled to a benefit in respect of nine public holidays, namely;
A full-time Employee is automatically entitled to a benefit in respect of a public holiday on commencement of employment.
Where the public holiday falls on a working day the benefit for a full-time Employee will be one of the following, as decided by the Employer:
Where the day falls on a day on which the full-time Employee would not normally have been required to work, he/she will be entitled to a benefit equivalent to 1/5th of their normal working week. Alternatively, the public holiday may be carried over until the next working day and awarded as a paid days leave at that time.
In order for a part-time Employee to be entitled to a benefit in respect of a public holiday, he/she must have worked a total of 40 hours or more over the preceding 5 weeks for their Employer.
Where the public holiday falls on a normal working day for a part-time Employee, the benefit will be one of those outlined above for full-time Employees, calculated on the basis of the hours that the part-time worker would have worked on that day.
Where the public holiday falls on a day on which the part time Employee would not normally work, then he/she will be entitled to a benefit equivalent to one-fifth of their normal working week.
The Organisation of Working Time Act, 1997 - 2015 sets out minimum entitlements to annual leave and public holidays for all Employees. The legislation sets out to regulate how these benefits are awarded, and sets out record keeping requirements in this regard. An Employer may also decide to award additional annual leave at their discretion. This is often referred to as non-statutory annual leave. Non-statutory leave may be managed as deemed appropriate by the Employer without reference to the provisions of this legislation. However, as with any discretionary benefit of employment, care must be taken to ensure equity and fairness in the provision of such a benefit in order to ensure that no claim of inequality could arise.
All Employees are automatically entitled to annual leave on commencement of employment. The legislation sets out three methods which may be used to calculate an Employee’s statutory annual leave. Annual leave does not actually have to be “built-up” in advance of it being taken, although some Employers do introduce restrictions on the leave that an Employee may take during their initial period of employment.
Employees Annual leave entitlements are calculated by one of the following methods:
- 4 working weeks in a leave year in which the Employee works at least 1,365 hours (unless it is a leave year in which he or she changes Employment).
- 1/3 of a working week per calendar month that the Employee works at least 117 hours.
- 8% of the hours an Employee works in a leave year (but subject to a maximum of 4 working weeks).
Annual leave accrual is based on actual working hours. However, time spent on annual leave, public holiday leave, maternity leave, paternity leave, adoptive leave, parental leave, jury service leave, or the first 13 weeks of carers leave must be treated as though the Employee was in attendance at work for their normal working hours.
The Workplace Relations Act 2015 has amended Sections 19, 20 and 23 of the Organisation of Working Time Act 1997. Effective from the 1st August 2015, Employees can accrue annual leave entitlement whilst absent from work on certified sick leave. Such accrual is limited to statutory annual leave days and does not entitle an Employee to accrue annual leave days over and above their statutory entitlement.
An Employee may apply for leave in any pattern which they wish to avail of. However the approval of leave lies at the discretion of Management. The legislation requires the Employer to consider the Employees need for rest and recreation, and to reconcile their work and family responsibilities when an application is received. However, business requirements may also be considered in light of this.
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. An Employer may refuse to allow an Employee to carry over non-statutory annual leave, provided this is clearly outlined to the Employee in the terms governing annual leave.
Public Holidays
Qualifying Employees are entitled to a benefit in respect of nine public holidays, namely;
- January 1st
- March 17th
- Easter Monday
- First Monday of May
- First Monday of June
- First Monday of August
- Last Monday of October
- December 25th
- December 26th
A full-time Employee is automatically entitled to a benefit in respect of a public holiday on commencement of employment.
Where the public holiday falls on a working day the benefit for a full-time Employee will be one of the following, as decided by the Employer:
- a paid days leave on the day which the public holiday falls, or
- an additional days pay in respect of the day where the day is worked, or
- an additional day of annual leave where the day is worked, or
- an additional day of leave to be taken within a month of the public holiday where the day is worked.
Where the day falls on a day on which the full-time Employee would not normally have been required to work, he/she will be entitled to a benefit equivalent to 1/5th of their normal working week. Alternatively, the public holiday may be carried over until the next working day and awarded as a paid days leave at that time.
In order for a part-time Employee to be entitled to a benefit in respect of a public holiday, he/she must have worked a total of 40 hours or more over the preceding 5 weeks for their Employer.
Where the public holiday falls on a normal working day for a part-time Employee, the benefit will be one of those outlined above for full-time Employees, calculated on the basis of the hours that the part-time worker would have worked on that day.
Where the public holiday falls on a day on which the part time Employee would not normally work, then he/she will be entitled to a benefit equivalent to one-fifth of their normal working week.
