Employers have the right to compel employees to take annual leave during the emergency period, according to a Mason Hayes & Curran briefing this morning.

However, staff must not be deprived of a proportionate amount of annual leave, for proper rest and recreation, when restrictions lift.

Timing

The Organisation of Working Time Act 1997 provides that the timing of an employee’s annual leave can be determined by the employer “having regard to work requirements”, the firm’s employment experts say.

In relying on this provision, employers are obliged to consult with the employees 30 days before the start of the annual leave, though this may be difficult at the moment.

Family responsibilities

However, bosses should bear in mind the following factors:

• The need for the employee to reconcile work and any family responsibilities, and
• The opportunities for rest and recreation available to the employee.

MH&C has advised employers against asking an employee to take all this year’s annual leave during lockdown, but to act reasonably and prudently.

End of August

They suggest a maximum request of ten days or so, with perhaps 75% of annual leave to be taken before the end of August.

Employees do not accrue annual leave during a period of temporary lay-off. However, they may still be entitled to their full annual-leave entitlement if they manage to complete their full working hours during the leave year, when they return to work.

Those availing of the Temporary Wage Subsidy Scheme, but not actually working, will not accrue statutory annual leave for the duration of the scheme.