Written answers

Tuesday, 26 June 2018

Department of Employment Affairs and Social Protection

Employment Rights

Photo of Seán FlemingSeán Fleming (Laois, Fianna Fail)
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550. To ask the Minister for Employment Affairs and Social Protection the entitlements to holidays for employees working in the State; and if she will make a statement on the matter. [27712/18]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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An employee's entitlement to paid annual leave is set out in section 19 of the Organisation of Working Time Act 1997 (the 1997 Act). Section 19 of the 1997 Act transposed Article 7 of the original EU Working Time Directive (Directive 93/104/EC) - now consolidated by EU Directive 2003/88/EC. Under section 19 of the 1997 Act, an employee acquires an entitlement to 4 weeks' annual leave if he or she works at least 1,365 hours in a leave year, or acquires an entitlement to one-third of a working week for each month in the leave year in which he or she works at least 117 hours, or acquires an entitlement to 8 per cent of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks).

The Court of Justice of the European Union has interpreted the annual leave provisions of the EU Working Time Directive and has ruled that annual leave entitlement also accrues during sick leave. These rulings on accrual of annual leave entitlement during sick leave were formally transposed into Irish law by section 86(1) of the Workplace Relations Act 2015 and amended the annual leave provisions in the 1997 Act.

Any annual leave entitlements in a contract of employment over and above the statutory minimum will be a matter for negotiation between the employer and employee. Therefore, employers and employees are free to agree better terms than those set out in the legislation.

The 1997 Act also provides for 9 public holidays in addition to the statutory annual leave entitlements.

The Workplace Relations Commission (WRC) provides information on employment rights, equality and industrial relations matters. Any persons with questions or complaints regarding their rights under employment legislation should contact Workplace Relations Customer Service on lo-call 1890 80 80 90 or via its website, www.workplacerelations.ie.

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