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The Working Time Regulations (Northern Ireland) 2016
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- Northern Ireland Statutory Rules
- 2016 No. 49
- PART 2
- Regulation 15
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Changes over time for: Section 15
Version Superseded: 01/01/2024
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- 28/02/2016- Amendment
- 24/04/2020- Amendment
- 24/04/2020
Point in time - 01/01/2024- Amendment
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Entitlement to annual leaveN.I.
This section has no associated Explanatory Memorandum
15.—(1) Subject to paragraph (4), a worker is entitled to four weeks' annual leave in each leave year.
(2) A worker's leave year, for the purposes of this regulation, begins—
(a)on such date during the calendar year as may be provided for in a relevant agreement; or
(b)where there are no provisions of a relevant agreement which apply, on the date on which the worker's employment begins and each subsequent anniversary of that date.
(3) Paragraph (2) does not apply to a worker to whom Schedule 2 applies (workers employed in agriculture) except where, in the case of a worker partly employed in agriculture, a relevant agreement so provides.
(4) Where the date on which a worker's employment begins is later than the date on which (by virtue of a relevant agreement) the worker's first leave year begins, the leave to which the worker is entitled in that leave year is a proportion of the period applicable under paragraph (1) equal to the proportion of that leave year remaining on the date on which the worker's employment begins.
(5) Leave to which a worker is entitled under this regulation may be taken in instalments, but—
(a)[F1subject to the exception in paragraphs (6) and (7),] it may only be taken in the leave year in respect of which it is due, and
(b)it may not be replaced by a payment in lieu except where the worker's employment is terminated.
[F2(6) Where in any leave year it was not reasonably practicable for a worker to take some or all of the leave to which the worker was entitled under this regulation as a result of the effects of coronavirus (including on the worker, the employer or the wider economy or society), the worker shall be entitled to carry forward such untaken leave as provided for in paragraph (7).
(7) Leave to which paragraph (6) applies may be carried forward and taken in the two leave years immediately following the leave year in respect of which it was due.
(8) An employer may only require a worker not to take leave to which paragraph (6) applies on particular days as provided for in regulation 18(2) where the employer has good reason to do so.
(9) For the purpose of this regulation “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).]
Textual Amendments
F1Words in reg. 15(5)(a) inserted (24.4.2020) by The Working Time (Coronavirus) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/68), regs. 1(1), 2(2)(a)
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