# Unused annual leave and redundancy



## spreadsheet (9 Jun 2010)

I'm in the process of being made compulsorily redundant. I'm due to leave in the next few weeks.

I'm a bit confused about whether I shall be paid for unused annual leave in my final pay packet or not. My employer has requested I use up all remaining annual leave or move my final day forward by that number of days. I don't want to do this as I will have plenty of time off soon and would rather get paid for the unused days.

Can they pressure me to use up my leave? Is is a case of 'use it or lose it' or are they obliged to pay for my unused annual leave entitlements?


Thanks


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## olddoll (9 Jun 2010)

Can you check your contract of employment to see what it stipulates about annual leave.  I believe you are entitled to be paid for any unused annual leave.  The company is trying to reduce its bill by requesting you use up your annual leave before being made redundant.


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## woodbine (9 Jun 2010)

*Annual leave and leaving employment*

_It is illegal under the Organisation of Working Time Act, 1997 for an employer to pay an allowance in lieu of the minimum statutory holiday entitlement of an employee unless the employment relationship is terminated. In general, your annual leave is calculated on the basis of hours worked. _
_If you are leaving a job you are entitled to receive payment for any outstanding annual leave and public holidays due to you._ 

this is taken from this page:

http://www.citizensinformation.ie/c...ave-and-holidays/annual_leave_public_holidays


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## spreadsheet (10 Jun 2010)

Thanks to you both. They've now confirmed the holidays will be paid for. As menitoned by woodbine, the law is on my side.


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