Accrual of Annual Leave whilst on Sick Leave
The Workplace Relations Act 2015 has been signed by the President. It is set to radically overhaul the existing employment law bodies with the objective of streamlining the adjudication of employee rights and related matters and introduces new enforcement measures for NERA. In order to promote higher levels of compliance with employment law and equality law, employers can now be hit with on-the-spot fines and the possibility of imprisonment for failure to comply with a compliance notice given. The new Act will come into force on the 1 October 2015.
Section 86 of the Workplace Relations Act 2015 will amend sections 19, 20 and 23 of the Organisation of Working Time Act 1997 to bring the Act into line with recent rulings of the Court of Justice of the European Union to allow workers to accrue annual leave during periods of sick leave. However, the entitlement of workers who are on long-term sick leave will be capped; leave will be subject to a maximum “carry-over” period of up to 15 months from the end of the leave year in which it accrued. Although the Workplace Relations Act comes into force on the 1October, the Minister has said that the accrual of annual leave whilst on sick leave maybe enacted earlier. We will keep members fully briefed.
To read the full act please click here.