AnnuaL leave during COVID-19 restrictions

You continue to build up your annual leave when you are working from home and working your usual hours. You may not want to take annual leave during the COVID-19 restrictions as your travel options are limited. However, employers may not want you to keep all your leave until later in the year. Your employer may ask you to take some of your leave before a certain date. The Organisation of Working Time Act 1997 provides that the timing of an employee’s annual leave can be determined by the employer having regard to work requirements.

Under the Act, an employer can require an employee to take annual leave provided they consult with the employee or their trade union at least one month prior to the taking of annual leave. Employers need to consider the following when deciding on annual leave:

• The need for the employee to reconcile work and family responsibilities, and

• The opportunities for rest and recreation available to the employee

It should be noted that employees should be left with a proportionate amount of annual leave for the remainder of the year to allow them avail of opportunities for rest and recreation when businesses return back to normal.

Employers are also entitled to refuse annual leave which has already been booked from being cancelled. Your employer may allow you to carry over annual leave until the next annual leave year.