# Annual Leave: Can my employers force me to take all my accumulated leave?



## shipibo (18 May 2005)

A Chairde,


                I have a situation , was wondering if you have any information.

                I have accumulated 60 + days holidays over the last few years, this was due to staff shortages, tight deadlines etc... 

                I understand I have to take the 22 days this year, but now am being told I have to take all holidays, or forfeit them....


                What are the legalities of this ???


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## ClubMan (18 May 2005)

*Re: Holiday Issue*

What does your contract of employment state in relation to carrying over holidays or payment in lieu of those accrued but not taken?


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## ajapale (18 May 2005)

*Re: Holiday Issue*

Hi Crumb,

I think this practice is perfectly legal.

My company operate a "use it or loose it policy" in relation to carried over annual leave. The only exception to the "use it or loose it" policy arises where an employee's request for annual leave was denied and the manager agree for the leave to be carried forward for an agreed period (say 12/18 months).

Sixty days is a lot of time and if you have many employees it can become an administrative nightmare. I migh be wrong but I think that the accountants have ot accrue for this time. Also if you leave the company you are entitled to "cessar pay" (ie pay in lieu of leave) and apart from the possibility of dispute you will be taxed on this income.

I consider it poor business HR practice to allow employees to build up large annual leave balances.


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## ClubMan (18 May 2005)

For some information about statutory, as opposed to non-statutory contractual, rights in this area see  and the DETE employment rights section.


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## ajapale (18 May 2005)

from oasis as referenced by Clubman:



> Annual leave *should 		  be taken within the appropriate leave year*, or with your consent, within 6 months of the relevant leave year. Further holding over (also known as "carrying-over") of annual leave at your wish is a matter for agreement between you and your employer. However you cannot be paid in lieu of leave unless your employment is terminated (see 'Annual Leave and Leaving Employment' below).


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## shipibo (19 May 2005)

Thanks Clubman, Ajapale,



       Company is large employer, and suited them to ignore this issue in past, my main gripe is the implied threat of holiday loss.


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## NOAH (20 May 2005)

basically, a/l is only for the year worked, there is usuallly a system where u can carry over 5 days or anticipate up to 5 days. There are exceptions, u may have extended sick leave and unable to take a/l or with special permission save up leave.  60 days is a lot but if you have it authorised in writing then the co are obliged to honour it or buy it back off you. If it was done on a nod and a wink basis then you could lose it.  Be reasonable and agree to get it down over a period of time or buy back some/take it. 

60 days, take a long nreak and see the world. You deserve it.

noah


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## ajapale (20 May 2005)

> co are obliged to honour it or buy it back off you



Hi NOAH,

This is not correct the company is NOT obliged to buy back leave from employees. In fact, quite the opposite is the case, it is illegal to do this!

ajapale


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## Purple (20 May 2005)

Have you tried talking to your boss or your boss’s boss?
Will the company be damaged in any way if you don't show up for 12 weeks? (if not why are you there?)
Can you come to a compromise where you get a bonus equal to the pay you would receive for half the days if you agree to forfeit them without pay  and take the other half as holidays. Basically I think that most people are reasonable and should work with you to find a middle ground where both sides are happy. 
You have to be reasonable and see the problem from their side but they have to accept that the problem only exists because you are committed to the job.


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## daveco23 (20 May 2005)

Think the company is out of order in letting this amount of leave build up, but on the plus side, I would give my eye teeth for 3 months paid leave!! If they are employing the use it or lose it angle, then approach them for the three months off, and go out and enjoy yourself!


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## Seagull (27 May 2005)

One of the most important factors here is whether you requested leave, and were prevented from taking it. If that happened, then you have grounds for either carrying some of the leave forward, but on the grounds that it must be used within a certain timeframe, or being paid out for it.


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## shipibo (31 May 2005)

Thanks to everyone who added to this thread,



        Do not want the company to buy holidays, will take them, just wanted to know what the lay of the land on this issue, as it was implied they would be taken away.

                Thanks again,


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## ajapale (31 May 2005)

Hi crumb,

Just for the record buying back annual leave is illegal and is not an option.

The company is entitled to operate a reasonalbe "use it or loose it" policy in realtion to annual leave.

ajapale


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