Louise O'Reilly (Dublin Fingal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

203. To ask the Minister for Trade, Enterprise and Employment if the Organisation of Working Time Act 1997 will be amended to allow workers to carry over annual leave in cases in which they could not take leave due to Covid-19, as has been done in the UK and Northern Ireland; if not, the reason; and if he will make a statement on the matter. [42800/20]

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Organisation of Working Time Act 1997 (OWTA) sets out an employee’s entitlement to annual leave and the terms around the taking of same. Under Section 20 of the Act, the times at which annual leave is taken is ultimately determined by the employer subject to the leave being granted within the leave year to which it relates, or, with the consent of the employee within the period of six months of the end of that leave year.

An employee’s entitlement to annual leave was introduced as a health and safety measure under the European Working Time Directive, which the OWTA transposed. While there have been less opportunities for foreign travel and recreation activities this year, it is still important that employees avail of annual leave to take a break, avoid burnout and maintain an appropriate work-life balance. This is even more true for those workers who have been engaged in front line or emergency work related to the pandemic and have faced an extremely stressful and challenging year.

My Department has not received any representations to date that would suggest that the carryover of annual leave is a particularly pressing issue for employees at this time. However, I have sought the views of the social partners on this matter via the Labour Employer Economic Forum (LEEF) sub-group on Employment and Enterprise. With regard to emergency workers I have received assurances from both the Department of Public Expenditure and Reform and the HSE that public sector and frontline workers have been encouraged to take annual leave throughout the pandemic. 

If an employee believes they have been denied their right to take annual leave they may refer a complaint to the Workplace Relations Commission where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court.