Can an employer pay an employee in lieu of annual leave that has accrued while the employee was on sick leave?Posted in : First Tuesday Q&A NI on 7 February 2017 Issues covered:
The Working Time Regulations (Northern Ireland) 2016 provide that an employee’s statutory holiday entitlement may not be replaced by a payment in lieu, except where the worker's employment is terminated. If you pay a worker in lieu, rather than allowing them to take their holiday in a given leave year, you will breach the legislation.
If it is not possible for an employee to take their holiday entitlement in a given leave year in this context, you will be required to allow carry-over to the next leave year. The case law from the Court of Justice of the European Union has made it clear that employees must be allowed to carry leave over to the next leave year if required, so as not to lose
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 07/02/2017
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.