Employers should set out a clear policy around workers' leave in order to avoid issues with staff taking time off, according to a legal expert.
With summer around the corner and people finalising their holiday plans, companies are likely to see an up-tick in leave requests in the coming weeks.
However while companies are required to give their staff time off, they are not obliged to necessarily meet a workers’ specific leave request.
"Employers are required to consult with employees a month before the scheduled leave," said Síobhra Rush, partner and head of Lewis Silkin’s Dublin office. "If it doesn't suit; if there are seasonal requirements or if they can't get cover, for instance, they could be entitled to say no."
The minimum amount of time a worker is entitled to is set out in Irish law – with a full time worker getting 20 days of leave, or four weeks off. For part time workers, the leave entitlement is also the equivalent of four weeks’ work. So, for example, a person working two days a week would be entitled to eight days of annual leave a year.
But whatever level of leave they are entitled to, a worker not being able to take leave when they would like could potentially create problems, Ms Rush said.
Not only is there potential for animosity if staff feel as though they are being treated unfairly, companies also have an obligation to ensure that their staff are able to take adequate breaks to rest and spend time with their families.
"You should not let employees roll over their leave if it can be helped because it's a health and safety issue", she said.
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"You have to marry the employee's right to rest and recreation along with looking at their family responsibilities, for instance," she explained.
Ms Rush said communication was key, and she advises firms to set out a policy to ensure they are clear, fair and transparent in how they make their decisions.
"Our advice would always be to have a policy so that employees ask for leave in good time and that arrangements can be worked out," she said. "The obligation is on the employer to exercise due diligence to make sure that employees are taking their leave."
If, for whatever reason, it is not possible to meet an employee’s leave request in time a company can look to rollover their entitlements into the next year. This, however, can only be done with the employee’s consent.
Meanwhile employers must also be mindful of other potential complications that may come with annual leave.
If, for example, a worker falls ill while on holiday – that can mean some or all of their annual leave turns into sick leave.
"If you have a medical certificate to say you've been sick, it counts as sick leave and the annual leave will be postponed and you can take it at another time," she said.
"We had an interesting case at EU level from 2009 which basically said if an employee is on long-term sick leave, they do continue to accrue their annual leave.
"And when they return to work, they have 15 months from the end of the leave year to use up that accrued leave," she said.
