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?

Posted in : First Tuesday Q&A NI on 5 July 2011
Emma-Jane Flannery
Arthur Cox

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

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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