Written answers

Tuesday, 9 June 2020

Department of Employment Affairs and Social Protection

Employment Rights

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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632. To ask the Minister for Employment Affairs and Social Protection the annual leave entitlements childcare professionals and workers are entitled to during the current Covid-19 pandemic period in which they are not working; if employers can insist such workers take annual leave during the period in which they are not working; and if she will make a statement on the matter. [10087/20]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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I am somewhat unclear as to the particulars of the case referred to by the Deputy, however, it is important to note a number of key points.

Firstly, let me set out the current legislation as it pertains to annual leave. The Organisation of Working Time Act 1997 sets out the key parameters for the taking of annual leave and payment for same. The times at which annual leave is granted is ultimately determined by the employer, having regard to work requirements and subject to the employer taking into account the need for the employee to reconcile work and family responsibilities, the need for rest and recreation, and the employer having consulted the employee or a trade union (if any), not later than one month before the day on which the annual leave is due to commence.

Section 19 of the Act provides that an employee shall be entitled to paid annual leave equal to:

- 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment)

- One-third of a working week for each month in the leave year in which he or she works at least 177 hours, or

- 8 per cent of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks).

As set out above, an entitlement to annual leave arises under the Act on the basis of hours worked, with the exception of sick leave. Therefore, by definition, a person must be in employment to accrue annual leave.

It should be noted that the Act further provides that nothing prevents employers and employees from entering into arrangements that are more favourable to the employee with regard to the times of, and the pay in respect of, his or her annual leave.

I note that the Deputy states that the employees in question are not working. While I am unsure of the details in this particular case, I am advised that it is only possible to negotiate annual leave arrangements, in accordance with the Organisation of Working Time Act 1997 set out above, where an employment relationship has been maintained.

I trust this clarifies matters for the Deputy.

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