The Work and Families (Northern Ireland) Order 2006

Annual leave N.I.

15.—(1) The Department may by regulations make provision conferring on workers the right, except in prescribed cases, to a prescribed amount of annual leave in each leave year, as defined for the purposes of the regulations.

(2) The regulations may in particular—

(a) make provision for determining the amount of annual leave to which workers are to be entitled;

(b) make provision for determining the amount of pay in respect of any period of leave which is required by the regulations to be paid leave;

(c) make provision enabling a worker to elect when to take leave to which he is entitled by virtue of the regulations, subject to any provision of the regulations enabling his employer to require him to take, or not to take, that leave at a particular time;

(d) make provision for the payment of compensation in prescribed cases to a worker who has not taken leave to which he is entitled;

(e) make provision as to the relationship between the rights conferred by the regulations and a worker's rights to leave, pay or compensation under any contract or under any statutory provision;

(f) enable a worker to present a complaint to an industrial tribunal that his employer has refused to permit him to exercise any right he has under the regulations, or has failed to pay him any amount due to him under the regulations;

F1 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Regulations under this Article may make provision as to—

(a) who is to be treated as a worker for the purposes of the regulations, and

(b) who is to be treated as the worker's employer.

(4) Regulations under this Article may in particular—

(a) make provision applying to—

(i) Crown employment and persons in Crown employment;

(ii) service as a member of the armed forces;

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Regulations under this Article may contain incidental, supplemental, consequential, transitional or saving provision, including provision amending any statutory provision.

(6) Regulations under this Article

[F3 shall not be made unless a draft has been laid before, and approved by a resolution of, the Assembly].

(7) In this Article—

“the armed forces” means any of the naval, military or air forces of the Crown;

“Crown employment” has the meaning given by Article 236(3) of the Employment Rights Order.

Textual Amendments

F1 Art. 15(2)(g) omitted (31.12.2020) by virtue of The Employment Rights (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/538), reg. 1(1), Sch. para. 2(a) (with Sch. para. 3); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 15(4)(b) omitted (31.12.2020) by virtue of The Employment Rights (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/538), reg. 1(1), Sch. para. 2(b) (with Sch. para. 3); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in art. 15(6) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 20, 23(1); S.R. 2015/86, art. 3(1)(p)