Workers to accrue holiday entitlements while on sick leave

Government initiative to implement EU directive comes into force from Saturday

Ged  Nash: measures bring Irish law into line with recent rulings of the EU Court of Justice. Photograph: Bryan O’Brien
Ged Nash: measures bring Irish law into line with recent rulings of the EU Court of Justice. Photograph: Bryan O’Brien

Staff on long-term sick leave will be able to accrue holiday entitlements for the period they are off work under a Government initiative.

Under legislation to come into effect from Saturday, workers will be able to carry over accrued annual leave for a period of 15 months after the leave year in question.

The new legislation is in response to a number of European Court of Justice rulings.

"The change to the legislation will bring clarity in Irish law as to how annual leave can be accrued and carried over when an employee cannot take their paid annual leave due to illness," said Minister for Business and Employment Ged Nash.

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‘Right balance’

“We are striking the right balance between protecting the rights of vulnerable workers who are ill and trying to minimise the cost to business and the exchequer, as well as implementing the requirements of the EU Directive on Working Time.”

The Minister said, under the new changes, statutory annual leave entitlement would accrue during a period of certified sick leave.

“An annual leave carryover period of 15 months after a leave year will apply to those employees who could not, due to illness, take annual leave during the relevant leave year or during the normal carryover period of six months,” he said.

He said the measures brought the Organisation of Working Time Act into line with recent rulings of the EU Court of Justice.

Martin Wall

Martin Wall

Martin Wall is the Public Policy Correspondent of The Irish Times.