Annual Leave Entitlement Q

M

mo3art

Registered User
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A friend is employed in a full time permanent position by a firm that is subject to high and low seasons. He works full time all year around, and just because there is a low season doesn't mean he has a day off. He would work Monday to Friday anyway, just in low season he would have less work to do.

Anyhow, he has requested a weeks annual leave from his employer mid-way between the 2 seasons. It is neither very busy nor very quiet at this time. There is nothing in his T&C that he is restricted to taking his leave only during low season.

His employer has informed him that should he choose to take his Annual Leave at the time he requested, he will be docked a weeks wages, however if he takes it at low season, he won't lose a weeks wages. The employer is justifying this demand because he will have to employ a relief member of staff to cover the employee's work whereas during low season existing staff could cover the employee's work.

The employer seems to have no difficulty in giving their part time staff annual leave whenever they require it, but has difficulty with the full time staff member btw

To me, it sounds like the employer doesn't have a leg to stand on - but what does it sound to the rest of you AAM'rs out there?
 
Hi mo3art,

I think you are asking two questions here which I will attempt to answer.

Q1. Can an employer refuse annual leave at time requested by the employee
A1.Yes, subject to a small number of conditions outlined below.

For instance some companies close for two weeks in the summer and for one week at christmas. Employee in these industries must take their leave when dictated by their employer.


The Organisation of Working Time Act, 1997, provides for a minimum annual leave entitlement of 4 weeks, although an employee's contract could give greater rights. It is also important to note that the periods of leave provided for by legislation are the minimum entitlements only, you and your employer may agree to additional entitlements.

Annual Leave

It is for your employer to decide when annual leave may be taken, but this is subject to a number of conditions. Your employer must take into account your family responsibilities, opportunities for rest and recreation that are available to you and to consult with you (or your union) at least one month before the leave is to be taken.
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Q2. Can an employer "dock" the wages of an employee?
A2. If by "dock" you mean a payroll deduction then this is allowed in certain very restricted conditions and must be reflected on the employees pay slip.


The Payment of Wages Act 1991 gives all employees in Ireland a right to a pay slip which will show the gross wage and details of all deductions. A pay slip is essentially a statement in writing from the employer to the employee that outlines the total pay before tax and all details of any deductions from pay. Your right to a pay slip is set down in Section 4 of this Act.

Deductions from pay

An employer may not make deductions from your wages unless:

* They are required by law, for example, PAYE and social insurance (PRSI),
* They are provided for in the contract of employment, for example occupational pension contributions.
* They are made with your written consent, for example, trade union subscriptions
* They are to recover an overpayment of wages or expenses
* They are required by a court order, for example, an attachment of earnings order in a family law case
* They arise due to your being on strike

Where your employer suffers loss through your fault, for example breakages or till shortages or your employer supplies a service as part of the job, for example, a uniform, deductions may be allowed but only where:

* They are allowed for in your contract
* They are fair and reasonable
* You have received a written notice of the deduction - a full week's notice if the deduction arises from your mistake
* The amount of the deduction does not exceed the loss or cost of the service
* The deduction takes place within 6 months of the loss/cost occurring
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A third question arises and it is this:

Q3. What happens if an employee goes absent without leave (say after been refused permission to take annual leave)?

Im not entirely sure what the answer is to this but I imagine that the employee will not get paid for the period of absence and further that the employee would be subject to the companies disciplinary procedure on his return.

Finally, is your friend a member of a trade union? They are very informed and helpfull on issues of employee rights.

ajapale
 
Thanks Ajapale,

That really is brilliant help!

My friend is not a member of a union unfortunately. However there has never been any restrictions on other members of staff taking annual leave whenever they wanted but all of a sudden this arises when for a change he requests the leave. He's given them more than 3 months notice, especially as he is talking about taking the leave in September.

He is hoping that the reaction was simply a "kneejerk" to him requesting leave at a time that isn't low season and that given a couple of weeks his boss will acede to his request.

I really appreciate you taking the time to respond.

Thanks again
 
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