Holidays – Improved Benefits for Employees!
Section 86(1) of the Workplace Relations Act 2015 amended the Organisation of Working Time Act 1997 to allow employees to accrue annual leave while certified sick.
The amendment is effective from the 1St August 2015 and provides the following:
- Statutory annual leave accrues during periods of certified sick
- The annual leave carryover period may be extended from the normal 6 to 15 months
- On termination of employment the employee is entitled to payment in lieu of untaken annual leave accrued while sick
The OWT Act 1997 which transposed the EU Working Time Directive 1993 into Irish Law provides a statutory entitlement of 4 weeks annual leave, calculated on the basis of time worked but was silent on accrual of holiday entitlement while on sick leave.
In July 2014 the EU Commission issued a letter of Formal Notice stating that the OWT Act 1977 was incompatible with Article 7 of the Working Time Directive 1993 as set out by the Court of Justice of the European Union.
Section 86(1) amends the Organisation of Working Time Act 1997 to give effect to the Court of Justice of European Union rulings on the provisions of the EU Working Time Directive 1993.
Contact us to get advice on how this might effect you’re business