UK employees are entitled to 28 days annual leave (5.6 weeks leave). If an employee is off sick for all or part of the year, should they carry over the 28 day equivalent or the 28 days under the Working Time Directive?

Posted in : First Tuesday Q&A NI on 6 June 2016
Chris Fullerton
Arthur Cox

The European Union’s (“EU”) Working Time Directive (the “Directive”) provides that EU member states must ensure that every worker is entitled to paid annual leave of at least four weeks.

In Northern Ireland, the Directive is implemented domestically by the Working Time Regulations 2016 (the “Regulations”), which provide workers with the right to take 5.6 weeks' paid holiday in each leave year.

One important aspect to note about the Regulations in this context is that they provide that the first four weeks' statutory holiday may only be taken in the leave year in respect of which they are due. This would appear, it would seem, to prevent the carry-over of accrued holidays into a subsequent leave year. However, certain key decisions of the Court of Justice of the European Union

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Back to Q&A's This article is correct at 06/06/2016
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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.

Chris Fullerton
Arthur Cox

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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