January 2nd, 2016

Below is an extract for the Organisation of Working Time Act, 1997 relating to annual leave and the obligations of the employer.

Organisation of Working Time Act, 1997

(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

(c)  To the leave being granted within the leave year to which it relates or, with the consent of the employee, within the 6 months thereafter.

(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.

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