Since 1st August 2015, the Organisation of Working Time Act 1997 has been amended, to provide that any day of absence on certified sick leave is considered to be time spent working for the purpose of accruing statutory annual leave. This change brings the annual leave provisions of the Organisation of Working Time Act 1997 into line with the annual leave provisions of the EU Working Time Directive as interpreted by the Court of Justice of the European Union (CJEU).

The Impact of this change

This change primarily affects those employees who are absent on long term sick leave, as any employee who works 1,365 hours in a leave year is automatically entitled to his statutory entitlement of four working weeks.

Carry Over Period has been extended

Statutory annual leave must be granted within the leave year to which it relates, or carried over and taken within six months of the following leave year, with the consent of the employee. Effective of 1st August 2015, this carry over period has been extended from six months to fifteen months if an employee is unable to avail of his statutory annual leave during the leave year or the normal six month carry over period due to illness. If he does not get the opportunity to take the annual leave within fifteen months following the end of the leave year in which it was accrued, he will subsequently lose that entitlement as the maximum carry over period is fifteen months.

Cessation of employment

Where a cessation of employment occurs within fifteen months following the end of a leave year, and an employee did not get to avail of his statutory annual leave due to certified illness, that employee must be paid in lieu of any statutory annual leave accruing in that leave year and up to a maximum of fifteen months after the end of that leave year.

What Questions Do You Have?

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