Many employers have raised questions with us regarding public holidays and annual leave entitlements – specifically the right of an employer to make employees take annual leave during the Covid-19 emergency.
This is quite a complex subject and so we would urge employers to contact ESA to make sure that they are applying the rules properly to their unique circumstances.
Firstly, can an employer make an employee take annual leave? Yes, an employer can by law request an employee to take for example two weeks annual leave by giving them four weeks notice. Why are employers doing this? We have found that employers are concerned that there might be a huge influx of requests towards the end of the year when the crisis is over and that this will negatively impact on their ability to climb out of the Covid-19 slump.
Options for employers include:
1. In the first instance, we would recommend that employers ask for employees to volunteer to take annual leave during this time.
2. Where employees have already booked holidays or have holidays booked for later on in the year ideally this should be honoured.
3. Employers can, in exceptional, circumstances – and we would opine that Covid-19 counts as an exceptional circumstance – spread the annual leave over an additional three months. So for example allow an employee to keep their accrued annual leave and ask that they take the extra days in the first half of next year.
4. Designate specific times over the second half of the year and early next year to specific employees to take their accrued annual leave.
We would always suggest that employers keep communicating with their employees and agree on any new term or condition of employment to avoid issues later on.
Public Holidays during lay-off
An employee is entitled to pay for any public holidays that occur during the first 13 weeks of lay-off.
Annual Leave during lay-off
If an employee has accrued a minimum of 1, 365 hours in the leave year they are entitled to accrue annual leave entitlements during lay-off.
Annual Leave during sick leave
Statutory annual leave entitlement accrues during a period of certified sick leave. An annual leave carry over period of 15 months after a leave year will apply to those employees who could not due to illness take annual leave during the relevant leave year or during the normal carryover period of 6 months.
If ESA can help you in relation to the above please don’t hesitate to contact us on 01 8209834 or [email protected]
Stay safe and wash your hands!