Given that we are now in the holiday season here are some facts about holidays which are sometimes overlooked:
- The leave year by law is the 1st of April to the following 31st of March regardless of what your Contract of Employment may state.
- As per European Directive every employee who works for eight months must receive two weeks uninterrupted leave.
- Employees must be paid their holiday pay in advance.
- A Bank Holiday cannot be taken into account for calculating annual leave but can be for the two week uninterrupted leave.
- Employees on Maternity Leave retain their rights to accrue holidays.
- Employees who go out sick continue to accrue holidays for 18 months while out sick.
- Holiday pay includes bonus payments. As holiday pay is calculated on the 13 weeks average pay before a person goes on holidays any bonus paid in that period has to be taken into account.
- The rights at 1-7 only apply to the statutory holiday rights of 20 days. Any holidays in excess of that period are governed by a Contract of Employment and as to how and when they are taken.
- An employer can decide when holidays are taken provided at least one months notice is given to the employees.
- An employee who does not receive their rights may sue under the Organisation of Working Time Act where compensation of up to two years wages or salary can be awarded. The Act applies to any employee.
All we need now is sunshine !
For advice on employment law or any other matter please consult Mr. Joseph O’Hara of O’Hara Solicitors, Cross Street, Athenry, Co. Galway.
Telephone : 091 844045
Email : email@example.com