An employee was suspended on full pay under the disciplinary code pending an investigation. The investigation showed that the employee was not guilty of the allegations made and he was returned to work with no disciplinary sanction.

My question relates to the accrual of annual leave during that time of suspension. Is the employee entitled to accrue annual leave during that period of suspension with full pay? The employer says that he is not entitled to the annual leave for that period. I would have thought that as he was in receipt of salary during that time and he had to be available to the investigators/employer, that he should have his annual leave accrued to him. I’d be grateful for any guidance on this. 

Posted in : First Tuesday Q&A NI on 3 March 2015
Emma-Jane Flannery
Arthur Cox

When an employee is suspended, he/she should continue to receive their normal pay and benefits as their contract continues as normal – the only change being that the employee is not required to report for work and usually, they are prevented from contacting colleagues and/or clients whilst suspended. As such, the employee will continue to accrue their annual leave entitlement during the period of suspension in question.

An employee’s contract of employment should deal with circumstances of suspension, clearly explaining that an employee’s rights and obligations under their contract continue

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Back to Q&A's This article is correct at 02/09/2015
Disclaimer:

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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