Jack Wall (Kildare South, Labour)
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Question 175: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the entitlement of a person (details supplied); and if she will make a statement on the matter. [38650/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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Section 19 of the Organisation of Working Time Act 1997 provides that full-time employees are entitled to annual leave of four working weeks i.e. 20 days for such employees working a five day week.

Section 20 of the 1997 Act provides that the times at which the above statutory annual leave is granted to an employee shall be determined by the employer having regard to work requirements. However, this is subject to the employer taking into account the need for the employee to reconcile work and any family responsibilities and the opportunities for rest and recreation available to the employee.

In addition, the employer must consult in this matter with the employee or a trade union, if any, of which the employee is a member, not later than one month before the day on which the statutory annual leave is due to commence. Furthermore, the statutory annual leave must be granted to the employee within the leave year- 1st April in one year to 31st March the following year- or within the following six months.

If an employee considers that his or her employer is not complying with the above provisions of the 1997 Act it is open to him or her to refer the matter to a Rights Commissioner for adjudication and possible redress.