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Your Questions Answered

We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.

Q: When an employee is out on sick leave, do they accrue entitlement to annual leave and if so, for how long?

A: Yes an employee who is certified absent from work due to sick leave is entitled to accrue their entitlement annual leave, and carry that forward for a period of 15 months. This is a change to the Organisation of Working Time Act by the commencement of Section 86(1) of the Workplace Relations Act 2015? Section 86(1) amends Sections 19, 20 and 23 of the Organisation of Working Time Act 1997. The effect of the amendments is as follows:

  • Employees will accrue statutory annual leave entitlement while on certified sick leave.
  • There will be an increase in the annual leave carryover period from 6 months to 15 months for those employees who could not, due to illness, take annual leave during the relevant leave year or during the normal carryover period of 6 months after the end of the leave year.
  • On termination of employment, payment in lieu of untaken annual leave will apply to leave which was untaken as a result of illness in circumstances where the employee leaves the employment within a period of 15 months following the end of the leave year during which the leave entitlement accrued.

Q: Can I give an employee on a fixed term contract an extension to that contract if I still need them to stay on for longer than I originally wanted without them becoming a permanent employee?

A: An employee who has been employed on 2 or more continuous fixed term contracts, will deem to be employed in an open-ended contract if the total duration of those contracts exceeds 4 years. If the employee is reemployed within a 3 month period between fixed term contracts, then they will be deemed to have continuous services.

You should note also that the Protection of Employees (Fixed-Term Work) Act 2003 applies to most employees on fixed-term contracts. However, it does not apply to agency workers placed by a temporary work agency at the disposition of a user enterprise or to apprentices, trainees and people in publicly-funded employment schemes such as Community Employment. The Act does apply to agency workers employed directly by an employment agency.

We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.

Voltedge Management

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