Does the “use it or lose it” principle still apply to annual leave?
Posted in : First Tuesday Q&A NI on 2 July 2019
Arthur Cox
Arthur Cox
Annual leave is governed by the Working Time Regulations (Northern Ireland) 2016 (“WTR (NI)”). Under these regulations (which implement the Working Time Directive (“WTD”)), an employee in is entitled to a minimum of 5.6 weeks annual leave. The legislation differentiates between the WTD entitlement of 4 weeks (“WTD leave”) and the domestic legislation entitlement of 1.6 weeks (“additional annual leave”). Accordingly, the two entitlements have different laws governing carrying over untaken leave to the next holiday year.
Regulation 15(1) of the WTR(NI) states that, WTD leave must be taken in the same holiday year it is accrued and cannot be carried into the following leave year. In contrast,
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Arthur Cox
Arthur Cox
The main content of this article was provided by Arthur Cox. Contact telephone number is 028 9023 0007 or email belfast@arthurcox.com
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