With regard to annual leave, are sabbatical (holiday bank) programmes considered a breach of the Working Time Regulations? For example, we let employees ‘bank’ a couple of days a year so they can take an extra two weeks’ holiday in year 6. Some people like it but is it lawful? Can we be sued?

Whether you are in breach of the Working Time Regulations (Northern Ireland) 1998 or not will depend on the total amount of leave you give your staff and whether this is over the statutory 28 day minimum entitlement (inclusive of usual public holidays). The 1998 Regulations state that the first 20 days of this statutory leave may only be taken in the leave year in respect of which it is due. The additional 8 days’ leave introduced in NI in October 2007 and April 2009 respectively (4 days at a time) can be carried over into the next holiday leave year, if the employer agrees to it. Any contractual leave over this entitlement may also be carried forward if agreed by you and your employees.

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