Carrying over Holidays

Hi

Whats the legal obligations for carrying over Holidays in work ?

My holidays run from Jan to Dec and was told to 'use them or lose them'

I wanted to carry them over to jan or feb at the latest

Checked the Oasis website and it states that you have to agree with your employer. However what about the Organisation of Working Times Act 1997 saying

If your employer consents to you carrying over your unused holiday entitlement to next year, or from year to year, there is no difficulty. Ideally, you would obtain your employer's written consent to the extension of any such annual leave
If your employer does not consent to you carrying over your unused holiday entitlement from a particular year, or you choose not to take your annual leave entitlement, such leave will be forfeited unless it is taken within six months into the following leave year
The Organisation of Working Time Act 1997, as amended, also provides that if an employer fails to ensure that an employee receives his/her annual leave within the appropriate time, the employer commits an offence under the Act and must pay the employee an amount equivalent to the holiday pay he/she would have received if he/she would have been allowed to take the leave in the normal way


Should they pay them for me at least ?

When were holidays accumulated from, what years ..... , did you ask for specific dates and were refused ?????


There are cases when holidays can be bought out , but normally holidays hoarded over years.

Generally you are expected to take 10 concurrent days a year

Hi Gunner,

This was discussed here in May. When I get the link Ill leave it here.

As far as I know the company is within its rights to operate a "use it or loose it" policy. It would be illegal for the company to pay you for annual leave (the only exception is when your employment has been terminated).

ajapale

Crumb,

There are cases when holidays can be bought out , but normally holidays hoarded over years.

Click to expand...

This is incorrect. Under Irish legislation it is illegal for an employer to pay an employee for annual leave not taken. It is of course legal to pay a former employee on termination of their employement.

aj

I have about 21 days left and I have taken 2 but not con-current weeks already

I plan to go on a long holiday in Feb and require 3-4 weeks at the most to do it. I wanted to carry some over for this purpose but not all of the 21 days

From what I was lead to believe from personnel its a the 'discretion of your manger' but they have told me no its company policy

From what you are saying they are entilted to the use it or lose it then what about The organisation of Working Time Act 1997 ? Does this only effect me if they refuse my annual leave ??

Ajapale,


Have situation in my Company, that dispensation on this happening, and employees have option of buyout for holidays accrued pre-2004, if not, then company would have to lose work.This was verified thru Company Accountants.

Thierry,

The manager seems to be problem, as long as you are not hoarding holidays, your company should not have issue.


You can be told to take outstanding days, but this would be poor management, maybe you should have a sit-down with Boss , explain the situation (Ya want to be at Chelsea,s Championship winnin, party in Feb 2006!!!)
, and appeal to his better nature.......

I am not hoarding holidays I just want the extra few days as this is an exceptional case. My Boss has to have a word with Personnel and see what the 'rules' are. If they do not come back with a reasonable 'compromise' then I will go to personnel myself and explain it to them

As for winning the championship in Feb it wont happen for the chavs

Hi Crumb,

Have situation in my Company, that dispensation on this happening, and employees have option of buyout for holidays accrued pre-2004, if not, then company would have to lose work.This was verified thru Company Accountants.

Click to expand...

The practice of buying out statutory annual leave is in breach of the regulations. Perhaps your company is 'buying out' accrued annual leave which is over and above your statutory entitlement?

ajapale

Thats probably the case Ajapale,


IrishGunner,

All the best on the holiday front, Up tha Celts !!!!