Policies & Procedures

 

Annual leave is paid time off work that employees are granted by their employers - it can be used for whatever the employee wishes. It is important for employees to recharge the batteries and annual leave helps maintain a motivated and productive workforce. It is essential to note that the employer is statutorily obliged to provide a certain amount of annual leave to his or her employees. An employer can, of course, provide more leave than he or she is obliged to give – if an employer offers more leave to employees with long service histories or employees who exceed targets, for instance, this policy should be clearly defined and should be applied fairly across the board.  

Regardless of the employee’s status or length of their service everyone is entitled to annual leave. All time worked is eligible for paid holidays.

 

Here is an easy guide to assist employers in working out what leave should be allocated to each employee:

 

There are three methods used to work out leave entitlements:

 

a)            The most common method used is: 4 working weeks in a leave year during which the employee works a minimum of 1,365 hours (Unless the employee has changed employment during that year).

b)            1/3 of the employee’s working week per calendar month of at least 117 working hours (Eg: 1.67 * 12 = 20 days)

c)            8% (.08) of the hours worked by the employee in the leave year (the total is not to exceed 4 working weeks)

In some instances an employee’s leave could be worked out using more than one of the approaches listed above – where this is the case all applicable methods should be calculated and the employee shall be entitled to the highest result. Remember - the maximum statutory annual leave entitlement is four of his / her normal working weeks.

 

How to calculate an employee’s annual leave pay:

 

Not everyone works a 9-5 office job and not all employees earn the same gross figure on a weekly basis so here is a guide on how to determine holiday pay due to various categories of employees:

(a)            If the employee’s pay is calculated by a fixed rate or a salary then the figure due to the employee per week of paid annual leave is equivalent to the amount he or she received for the normal weekly working hours last worked - This payment includes any regular bonus or allowance (that isn’t based on work completed) - it excludes any overtime pay.

 

(b)           If the employee’s pay is not calculated by a fixed rate or salary but instead by commission, for instance (or based on productivity rates) the amount paid to this employee per week of annual leave should equal their average weekly pay calculated over the 13 weeks prior to their annual leave commencing. (If the employee did not work during that period, the average weekly pay is calculated over the 13 weeks prior to the employee’s last working day before the annual leave commences. This excludes overtime.

In order to accurately calculate the number of annual leave days an employee is entitled to it is necessary to incorporate all hours worked in the calculation including time spent on annual leave (yes, employees accrue annual leave while on annual leave!), time spent on maternity leave, parental leave, force majeure leave or adoptive leave as well as time spent on the first 13 weeks of carer’s leave. Employees do not accrue annual leave while on sick leave, occupational injury, temporary lay-off, or career break.

 

If an employee falls sick during his or her annual leave this day(s) is not counted as annual leave (once it is covered by a medical certificate) and the annual leave day is kept for them to use at a later date.

 

It is common practice for an employee to request their desired leave dates and usually, once an agreed period of advance notice is given (allowing the employer to arrange suitable cover etc.), the employer agrees. Annual leave is usually discussed in terms of weeks but, with employer consent, it can be broken down into shorter periods – often days or even half days at a time. It is the employer who approves holidays (it would not work from a business perspective if all employees were to arrange leave at the same time, for instance). The employer is, however, required to take the employee’s family responsibilities and need for rest and recreation into consideration.

 

This annual leave must be given to employees within the leave year or, with the consent of the employee, within the first six months of the following year. The onus is on the employer to ensure that the employee takes their statutory leave allocation within the appropriate period. Employees may, with the consent of the employer, carry over holidays that exceed the statutory allowance to the next year.

 

If the contract of employment is terminated and there is unused annual leave in respect of the employee the employer is obliged to compensate the employee for the accrued leave. It is illegal to pay an employee in lieu of the minimum statutory leave entitlement unless the employment relationship is terminated.

 

Employees spend a good portion of their waking hours in the working environment (often with people who share similar interests to themselves) – given this it isn’t a surprise that relationships regularly develop in the workplace.

How employers deal with these relationships is the important element here. Risks for both the employer and the employees exist in these scenarios.

Some workplace relationships turn into long-term, healthy relationships where the couple are very happy with each other. However, often the situation doesn’t end on such a positive note and it can, in certain instances, create a very awkward working environment for the individuals involved as well as other members of the department who are present in the aftermath.

 

Office relationships can, at times, be a very positive thing for a business – it can encourage high levels of morale in the workplace and that, in turn, can improve standards of productivity and creativity. Unfortunately, however, workplace relationships can also have negative effects. Employee attention could be focused on the relationship as opposed to the duties of the role and this could lead to a decline in productivity or performance which, subsequently, could threaten the company’s success.

Banning relationships between colleagues isn’t the best route to take for a number of reasons (it isn’t really enforceable), however, it is absolutely essential that employers put certain policies in place in order to avoid what could result in a very awkward conclusion.

Clear rules should be devised for two employees who wish to engage in a mutual relationship. To ensure that your company avoids any hints of sexual harassment it is essential to put clear and concise guidelines in place (employers in Ireland are actually obliged to have policies and procedures on bullying and harassment in place).

It might be a good idea to have a rule that restricts employees from having a relationship with a superior in their own department, for instance, stressing that the rule is the same for all and that its function is to protect employees against sexual harassment and favouritism.

Restricting certain behaviour is absolutely paramount as inappropriate behaviour, such as public displays of affection, in the workplace is not acceptable and can compromise the internal culture of the company. Implementing strict rules that leave no room for ambiguity is advisable.

Dignity in the workplace is the right of every employee. It is imperative that you take the dignity at work policy very seriously to protect yourself, as an employer, from a lawsuit and to protect your employees at the same time.  The Employment Equality Acts 1998-2011 mean that employers are liable for harassment in the workplace. Harassment is defined as any form of unwelcome/unwanted conduct relating to any of the discriminatory grounds – gender, civil status, family status, sexual orientation, age, disability, race, religious belief and membership of the Traveller community.

Sexual harassment comes under the bullying and harassment umbrella and includes any act of unwanted verbal, non-verbal or physical conduct of a sexual nature. Sexual harassment violates a person’s dignity by creating an intimidating, hostile or humiliating environment for the person. 

It is crucial for employers to be aware that they may be held legally responsible/liable for the harassment or bullying that occurs in the workplace – even where they are not aware that this is taking place.

Employers should include an acceptable grievance or complaints outline in the dignity at work policy so that employees are not only aware of what is expected of them but what happens when they breach the policy too.

 

 

A total of 48 people died in work-related accidents in 2012. Incidents involving vehicles were a big factor in this figure. The agricultural sector accounted for 21 of these deaths, construction accounted for 8 deaths with a further 7 coming from the fisheries sector. Unfortunately, work-related accidents leading to death also occurred in 7 other sectors in Ireland in 2012.

According to the Health and Safety Authority Summary of Workplace Injury, Illness and Fatality Statistics 2011-2012, 2012 saw a staggering total of 6,619 non-fatal workplace injuries.

http://www.hsa.ie/eng/Publications_and_Forms/Publications/Corporate/stats_report_11_12.pdf

38.3% of the reported work-related injuries occurred in Dublin. The injuries reported varied in severity from superficial wounds to serious injuries like amputations, burns and poisonings.

 

Health and Safety in the workplace is of cardinal importance and all employers, including the self-employed, are required to have Health and Safety protocols and documentation in place. The safety statement must relate to the specific workplace and work activities and must be based on the risk assessment of the hazards that may affect the employees or clients of/visitors to the Company.

It is vitally important to know who to call on behalf of your employees in the unfortunate event of an emergency or accident occurring in the workplace.

We have created a concise form so that employers can collect essential 'Emergency Contact Details' quickly and easily.

Blank forms should be circulated to employees and they should be asked to fill them out and return them to management. The information should be stored confidentially and only used or imparted to a third party (like the ambulance service) in the case of an emergency.

Simply click on the below image to download your copy of our ‘Emergency Contact Details’ form.