# carrying annual leave to next year



## shopgirl (19 Nov 2009)

Anyone know if someone is allowed to carry annual leave over to the next year, are there any guidelines or is it up to each company.  Thanks.


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## Berni (19 Nov 2009)

The company don't have to allow it, and many won't unless the reason for it not being taken was their fault, ie you asked but they refused due to business reasons. If you had the opportunity to use it but didn't, then they can say tough luck.


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## PaddyBloggit (19 Nov 2009)

depends on the company ... check your contract or ask HR


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## mathepac (19 Nov 2009)

It is not usually allowed nor is payment in lieu of leave not taken. Your employee handbook / contract will have details.


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## Guest128 (19 Nov 2009)

As mentioned above it varies company to company. Where I work you arent allowed per se but I am carrying 5 days into 2010 as I am going skiing at the end of January so I will be using them up quickly. 

Similarly if you are getting married or anything like that in the new year companies usually make an exemption.

However, I would recommend going to your direct team lead and or department manager first, rather than HR, and get it OKed by him/her first. HR don't really have any clout at the end of the day and are just gonna give you the speil from the employee handbook to fob you off if you go directly to them first (based on my previous experience of HR staff).


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## Percy (23 Nov 2009)

Employer's are obliged to ensure that employees take their full annual leave entitlement before the end of the leave year, however, where there is consent from *both* the employer and the employee, annual leave days may be carried over into the following leave year but *must* be used within 6 months of that leave year.

Check out the NERA website for the Organisation of Working Time Act.


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## davcot (4 Dec 2009)

I work for a Local Authority and there are people carrying over a hundred leave days. No limit on carrying over days. This makes it impossible for budgeting and calculating staff levels during the year.


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## Claire1956 (4 Dec 2009)

Percy is right, the black and white of the legislation is that you can't be paid for leave not taken unless you are exiting the company and it sits with the employer to ensure staff take their leave within the year or come to an agreement to take it within the first 6 months. BTW you can dictate, with a fair notice period given, when a person takes holidays if they keep hedging the matter when approached about leave plans.

All contained in the 'Information on Holidays and Public Holidays, Organisation of Working Time Act 1997' booklet from DETE 2006 (www.entemp.ie)


Sorry to be pedantic, but I've had a few staff beg me to paid in lieu of taking leave, but my gut tells me that they could be setting me up for a NERA visit. This is based on conversation had with other businesses in the area and some horror stories about co. owners who tried to either oblige, or be too smart to their staff and got their rap on knuckles. So just go by the book!!


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## Deas (4 Dec 2009)

In terms of Percy/Claire1956s' responses, this is only true of the legal minimum annual leave days per the Working Time Act - i.e. 20 days or equivalent if part-time.  This does not account for any annual leave granted over and above 20 days for which carry forward/buy out is at company discretion.


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