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Annual leave: certain cases

If your manager is absent

You can apply online for annual leave and this application will be routed to your manager for approval. Your manager will have six days to approve/deny the application before if ‘bounces’ to your next supervisor for approval. It will remain with this second supervisor until your request is approved, denied or cancelled.

Sick leave affecting annual leave

Where, because of illness, an officer cannot take the annual leave allowable in a particular leave year, or years, s/he must be allowed to take the statutory minimum allowance, or any remaining portion of it accrued during the particular leave year, or years. In the event of an officer being unable to resume duty, the officer must be granted all relevant outstanding annual leave once s/he has been certified as fit for duty.

Where an officer is absent from duty on certified sick leave at the conclusion of a leave year and is consequently unable to take annual leave in excess of the statutory minimum which would otherwise be forfeit, the untaken leave (up to a maximum of 10 days) may be carried forward to the next leave year. Such leave must be taken as soon as is practicable after the officer's resumption of duty following sick leave.

Annual leave may not be taken instead of sick leave. Pay should be at the sick pay rate. Annual leave may be granted immediately following periods of leave such as maternity leave, adoptive, parental leave, domestic leave, study leave.

Entitlements for civil servants currently in receipt of 22 days annual leave

Staff currently in receipt of 22 days annual leave and who are subject to a service requirement for annual leave progression will have their leave allowance adjusted to 23 days with effect from 1 January 2012. Such staff will continue to avail of service based annual leave allowance in the normal way as may be appropriate.

Arrangements for newly recruited entrants and promoted staff

All staff who have been recruited with effect from 14 December 2011 will have an annual leave allowance, depending on their grade, of between 22 and 30 days (subject to the terms and conditions of the relevant recruitment competition concerned).

Staff who are promoted with effect from 14 December 2011 will have an annual leave allowance, depending on their grade, of between 22 and 30 days. Promoted staff will not receive compensation for any change in their annual leave arrangements on promotion.

Entitlements for public holidays

In accordance with the Organisation of Working Time Act, an employee who is absent from work on certified sick leave immediately before a public holiday is entitled to benefit from that public holiday unless the absence is:

  • during the first 52 weeks by reason of an occupational injury
  • during the first 26 weeks by reason of illness or injury
  • during the first 13 weeks caused by any reason not referred to in paragraphs
  • an absence by reason of a strike

In accordance with the Organisation of Working Time Act staff, in respect of a public holiday or privilege day are entitled to whichever one of the following their employer determines, namely:

  • a paid day off on that day
  • a paid day off within a month of that day
  • an additional day of annual leave
  • an additional day’s pay

What the Payment of Wages Act 1991 is

Section 5 of the Act covers deductions made from the wages of employees. Section 5(2) covers deductions in respect of any act or omission of the employee. The section specifies that certain conditions must be met before a deduction is made from the salary of the employee. These conditions are:

before an incident which gives rise to a deduction, an employee must either have been given a copy of the written term of the contract or written notice of the existence of an oral term (for the application of this provision in the civil service context see paragraph 10 of the Circular).

Before a deduction is made, the employee must be given one week’s prior written notice of the act/omission which gave rise to it and the amount which will be deducted.

An employer must not delay more than six months after discovering the act/omission before making the deduction.

Checking if annual leave has been approved

If the leave is approved you and your line manager will receive an email confirming the approval.

Maximum amount of annual leave you can take

This depends on your civil service grade and your length of service.

Shortening the number of days originally booked

You must inform your manager of the changes you wish to make to your application. If they approve the cancellation of leave they will inform the NSSO and request that your annual leave record is amended.