Payment for holidays not taken

You can certainly ask, but depending on what your terms of employment state, your company may not have to pay you for untaken holidays from previous years. Some companies have a "use them or lose them" policy. Companies are not required to carry over unused holidays from one holiday year to the next, but it can be arranged where the employer and the employee agree and the holiday leave is taken within the first 6 months of the following year.

Where I work, if you have untaken leave by the end of the holiday year, which is Jan-Dec, any untaken leave is paid with the last paycheck. We do not allow holidays to be carried over.

Having said all that, it is the employer's responsibility to ensure that every employee takes their full minimum annual leave entitlement each year, which is a minimum of 2 weeks after 8 months worked. If they do not, an employee can complain to the Rights Commissioner or the Labour Court.
 
Are you asking to be paid for your holidays instead of taking them?

Then no is the short answer. It is illegal under the Organisation of working time act for an employer to pay you instead of you taking the leave for the minimum statutory leave (20 days for FT employees). I'm not sure about the legalities if you get more than 20 days leave, i.e if you get 25 days leave can you take the 20 days and then get paid for the 5.

The only exception to this is if you leave the company.
 
Thank you. I'm actually asking for someone else with whom this conversation took place last night and I said who better to ask than AAM! The person has 28 days holidays per year. They are allowed to carry over extra days. He has 8 days from this year and 8 from the year before.
 
He has 8 days from this year and 8 from the year before.

Some companies have a policy where carried over holidays from the previous year must be taken within X month sthe following year. He should check his employment contract.
 
There is no employment contract. It actually boggles my mind how many people I know that don't have contracts of employment or conditions of employment.
 
The person has 28 days holidays per year. They are allowed to carry over extra days. He has 8 days from this year and 8 from the year before.

It would depend on how long they are allowed to carry the extra days. In general terms, if the person would still be entitled to use the days, then s/he is entitled to be paid for them on ceasation of employment.
 
You can agree payment in lieu of holidays in excess of the statutory minimum but getting paid for any of your statutory minimum is illegal other than when leaving.
 
Thank you. I'm actually asking for someone else with whom this conversation took place last night and I said who better to ask than AAM! The person has 28 days holidays per year. They are allowed to carry over extra days. He has 8 days from this year and 8 from the year before.

It may also depend on whether he asked to take the holidays and was refused (i.e. the employer's problem) or simply never asked (his problem).
 
What has happened in the past in relation to such matters? In the absence of a written contract (which an employee is legally entitled to and an employer legally obliged to issue by the way) this would be significant in deciding what the de facto policy was on such matters.
 
In my work, if you don't take your holidays, you loose it. The only time, they will paid it is if you leave the company
 
"Custom and Practice" is a term you would use in a labour court proposal, their may have been unique circumstances that led to one payment, that will not be used in another.

He can be paid, but why has,nt he asked employer if they will, they have no obligation, and could tell him to take any 16 days of their choice if needs be.
 
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