Organisation of Working Time Act 1997

PART III

Holidays

Annotations:

Amendments:

F10

Inserted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 86(1)(a), S.I. No. 338 of 2015.

Editorial Notes:

E99

Declared unconstitutional: Industrial Relations Act 1946 (26/1946), ss. 42, 43 and 45 and Industrial Relations Act 1990 (19/1990), s. 48 purported to allow the making of employment regulation orders under which application of this Part could be restricted. These provisions and employment regulation orders made under them were declared unconstitutional in John Grace Fried Chicken Ltd and Others v Catering Joint Labour Committee and Others [2011] IEHC 277.

E100

Previous affecting provisions: application of Part restricted (in so far as requirement for qualifying hours does not apply) (29.06.2007) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2007 (S.I. No. 311 of 2007), art. 3 & sch., part II, s. II(c).

E101

Previous affecting provision: application of Part restricted (in so far as requirement for qualifying hours does not apply) (29.06.2007) by Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2005 (S.I. No. 310 of 2007), reg. 2 and sch., part II, s. II(c).

E102

Previous affecting provision: application of Part restricted (2.09.2006) by Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2006 (S.I. No. 459 of 2006), reg. 2 and sch. part II s. II(c); revoked (29.06.2007) by Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee 2007 (S.I. No. 310 of 2007).

E103

Previous affecting provision: application of Part restricted (2.09.2006) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee (No.2) 2006) (S.I. No. 458 of 2006), reg. 2 and sch. part II s. II(c); revoked (29.06.2007) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee 2007 (S.I. No. 311 of 2007), reg. 3.

E104

Previous affecting provision: application of Part restricted (2.03.2006) by Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2006 (S.I. No. 73 of 2006), reg. 2 and sch. part II s. II(c); revoked (2.09.2006) by Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee (No.2) 2006 (S.I. No. 459 of 2006).

E105

Previous affecting provision: application of Part restricted (2.03.2006) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee 2006 (S.I. No. 72 of 2006), reg. 2 and sch. part II s. II(c); revoked (2.09.2006) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee (No.2) 2006) (S.I. No. 458 of 2006), reg. 3.

E106

Previous affecting provision: application of Part restricted (2.09.2005) by Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2005 , s. II, S.I. No. 524 of 2005; revoked (2.03.2006) by Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2006 (S.I. No. 73 of 2006).

E107

Previous affecting provision: application of Part restricted (2.09.2005) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2005 (S.I. No. 523 of 2005), reg. 2 and sch. part II s. II(c); revoked (2.03.2006) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2006 (S.I. No. 72 of 2006), reg. 3.

E108

Previous affecting provision: application of Part restricted (1.03.2004) by Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee 2004 (S.I. No. 60 of 2004), reg. 2 and sch. part II s. II(c); revoked (2.09.2005) by Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2005 (S.I. No. 524 of 2005), reg. 3.

E109

Previous affecting provision: application of Part restricted (1.03.2004) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2004 (S.I. No. 59 of 2004), reg. 2 and sch. part II s. II(c); revoked (2.09.2005) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee 2005 (S.I. No. 523 of 2005), reg. 3.

Previous affecting provision: application of Part restricted (1.08.2003) by Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2003 (S.I. No. 354 of 2003), revoked (1.03.2004) by Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2004 (S.I. No. 60 of 2004), reg. 3.

E110

Previous affecting provision: application of Part restricted (1.08.2003) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2003 (S.I. No. 353 of 2003), reg. 2 and sch. part II s. II(c); revoked (1.03.2004) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2004 (S.I. No. 59 of 2004), reg. 3.

E111

Previous affecting provision: application of Part restricted (7.05.2002) by Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2002 (S.I. No. 158 of 2002), reg. 2 and sch. part II s. II(c); revoked (1.08.2003) by Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committe) 2003 (S.I. No. 354 of 2003), reg. 3.

E112

Previous affecting provision: application of Part restricted (7.05.2002) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2002 (S.I. No. 157 of 2002), reg. 2 and sch. part II s. II(c); revoked (1.08.2003) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2003 (S.I. No. 353 of 2003), reg. 3.

E113

Previous affecting provision: application of Part restricted (10.05.2001) by Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2001 (S.I. No. 185 of 2001), reg. 2 and sch. part II s. II(c); revoked (7.05.2002) by Employment Regulation Order (Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee) 2002 (S.I. No. 158 of 2002).

E114

Previous affecting provision: application of Part restricted (10.05.2001) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2001 (S.I. No. 184 of 2001), reg. 2 and sch. part II s. II(c); revoked (7.05.2002) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2002 (S.I. No. 157 of 2002), reg. 3.

E115

Previous affecting provision: application of Part restricted (1.04.2000) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2000 (S.I. No. 84 of 2000), reg. 2 and sch. part II s. II(c); revoked (10.05.2001) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2001 (S.I. No. 184 of 2001), reg. 3.

E116

Previous affecting provision: application of Part restricted (1.06.1999) by Employment Regulation Order (Contract Cleaning (City and Country of Dublin) Joint Labour Committee) 1999 (S.I. No. 152 of 1999), reg. 2 and sch. part II s. II(c); revoked (10.05.2001) by Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee) 2000 (S.I. No. 84 of 2000), reg. 3.

Entitlement to annual leave.

19

19. (1) Subject to the First Schedule (which contains transitional provisions in respect of the leave years 1996 to 1998), an employee shall be entitled to paid annual leave (in this Act referred to as “ annual leave”) equal to—

( a) 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment),

( b) one-third of a working week for each month in the leave year in which he or she works at least 117 hours, or

( c) 8 per cent. of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks):

Provided that if more than one of the preceding paragraphs is applicable in the case concerned and the period of annual leave of the employee, determined in accordance with each of those paragraphs, is not identical, the annual leave to which the employee shall be entitled shall be equal to whichever of those periods is the greater.

F10 [ (1A) For the purposes of this section, a day that an employee was absent from work due to illness shall, if the employee provided to his or her employer a certificate of a registered medical practitioner in respect of that illness, be deemed to be a day on which the employee was

(a) at his or her place of work or at his or her employer s disposal, and

(b) carrying on or performing the activities or duties of his or her work. ]

(2) A day which would be regarded as a day of annual leave shall, if the employee concerned is ill on that day and furnishes to his or her employer a certificate of a registered medical practitioner in respect of his or her illness, not be regarded, for the purposes of this Act, as a day of annual leave.

(3) The annual leave of an employee who works 8 or more months in a leave year shall, subject to the provisions of any employment regulation order, registered employment agreement, collective agreement or any agreement between the employee and his or her employer, include an unbroken period of 2 weeks.

(4) Notwithstanding subsection (2) or any other provision of this Act but without prejudice to the employee’s entitlements under subsection (1), the reference in subsection (3) to an unbroken period of 2 weeks includes a reference to such a period that includes one or more public holidays or days on which the employee concerned is ill.

(5) An employee shall, for the purposes of subsection (1), be regarded as having worked on a day of annual leave the hours he or she would have worked on that day had it not been a day of annual leave.

(6) References in this section to a working week shall be construed as references to the number of days that the employee concerned usually works in a week.

Annotations:

Amendments:

F10

Inserted (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 86(1)(a), S.I. No. 338 of 2015.

Modifications (not altering text):

C15

Application of section restricted by European Communities (Merchant Shipping) (Organisation of Working Time) Regulations 2003 (S.I. No. 532 of 2003), reg. 10A(1), as inserted (4.07.2014) by European Communities (Merchant Shipping) (Organisation of Working Time) (Amendment) Regulations 2014 (S.I. No. 245 of 2014), reg. 2(i), in effect as per reg. 1(2).

Entitlement to annual leave

10A. (1) Notwithstanding section 19 of the Organisation of Working Time Act 1997 (No. 20 of 1997), a seafarer is entitled to paid annual leave calculated on the basis of a minimum of 2 and a half calendar days per month of employment and on a pro rata basis for incomplete months.

(2) Annual leave to which a seafarer is entitled under this Regulation may not be replaced by a payment in lieu except where the seafarer’s employment is terminated.

C16

Term “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— (1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

...

Editorial Notes:

E117

Compliance notice procedure in respect of subss. (1) and (1A) provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 28(17) and sch. 4, S.I. No. 410 of 2015.