Holiday pay is earned against time worked. All employees, full-time, part-time, temporary or casual earn holiday entitlements from the time work is commenced.
There is now no qualifying period for holidays and all employees, regardless of status or service, qualify for paid holidays. All time worked qualifies for paid holiday time.
In calculating how many days' holidays to which an employee may be entitled, employers should include all hours worked including time spent on annual leave, time spent on maternity leave, parental leave, force majeure or adoptive leave and any time spent on the first 13 weeks of carer's leave. Employees do not accrue annual leave while on uncertified sick leave, occupational injury, temporary lay-off or career break.
A day of sickness during holidays, which is covered by a medical certificate, is not counted as annual leave.
The employer decides when holidays are to be taken, having regard to work requirements and subject to his/her taking into account the need for the employee to reconcile work and any family responsibilities and the opportunities for rest and recreation available to the employee. The employer must consult with the employee or his/her trade union at least once a month before the holidays are due to commence.
The holidays must be given to the employee within the leave year or, with the employee's consent, within 6 months of the following leave year. It is the responsibility of the employer to ensure that the employee takes his/her full statutory leave allocation within the appropriate period. Employees may, with the consent on the employer, carry over holidays in excess of statutory minimum leave to the following year.
HOLIDAY ENTITLEMENTS AS PER THE ORGANISATION OF WORKING TIME ACT, 1997:
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