Ireland: Employment Law Update: Accruing Annual Leave While On Long Term Sick Leave
The traditional position under the Organisation of Working Time Act, 1997, (the “OWTA”) was that an employee’s entitlement to annual leave accrued based on the amount of time the employee actually worked. Consequently, annual leave did not accrue during periods of sickness absence. However, in 20091, the Court of Justice of the European Union (the “CJEU”) held that employees on sick leave did not have an opportunity to take their annual leave. As such, […]