Section 86(1) of the Workplace Relations Act 2015 came into effect on August 1st 2015. This section makes amendments to the Organisation of Working Time Act 1997 and results in the following changes:
- Statutory annual leave entitlement accrues during a period of certified sick leave.
- An annual leave carryover period of 15 months after a leave year will apply to those employees who could not, due to illness, take annual leave during the relevant leave year or during the normal carryover period of 6 months.
- On termination of employment, payment in lieu of untaken accrued annual leave will apply to leave which was untaken as a result of illness in circumstances where the employee leaves the employment within a period of 15 months following the end of the leave year during which the statutory leave entitlement accrued.
This brings the Organisation of Working Time Act into line with recent rulings of the Court of Justice of the EU.