Organisation of Working Time Act 1997

Times and pay for annual leave.

20

20. (1) The times at which annual leave is granted to an employee shall be determined by his or her employer having regard to work requirements and subject—

( a) to the employer taking into account—

(i) the need for the employee to reconcile work and any family responsibilities,

(ii) the opportunities for rest and recreation available to the employee,

( b) to the employer having consulted the employee or the trade union (if any) of which he or she is a member, not later than 1 month before the day on which the annual leave or, as the case may be, the portion thereof concerned is due to commence, and

F15 [ (c) to the leave being granted

(i) within the leave year to which it relates,

(ii) with the consent of the employee, within the period of 6 months after the end of that leave year, or

(iii) where the employee

(I) is, due to illness, unable to take all or any part of his or her annual leave during that leave year or the period specified in subparagraph (ii), and

(II) has provided a certificate of a registered medical practitioner in respect of that illness to his or her employer,

within the period of 15 months after the end of that leave year. ]

(2) The pay in respect of an employee’s annual leave shall—

( a) be paid to the employee in advance of his or her taking the leave,

( b) be at the normal weekly rate or, as the case may be, at a rate which is proportionate to the normal weekly rate, and

( c) in a case in which board or lodging or, as the case may be, both board and lodging constitute part of the employee’s remuneration, include compensation, calculated at the prescribed rate, for any such board or lodging as will not be received by the employee whilst on annual leave.

(3) Nothing in this section shall prevent an employer and employee from entering into arrangements that are more favourable to the employee with regard to the times of, and the pay in respect of, his or her annual leave.

(4) In this section “ normal weekly rate” means the normal weekly rate of the employee concerned’s pay determined in accordance with regulations made by the Minister for the purposes of this section.

Annotations:

Amendments:

F15

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

Editorial Notes:

E118

Power pursuant to section exercised (8.12.1997) by Organisation of Working Time (Determination of Pay For Holidays) Regulations 1997 (S.I. No. 475 of 1997).