Quick answer
- The statutory maximum under the usual calculations is four of the employee’s normal working weeks—not automatically 20 days for every work pattern.
- Apply the 1,365-hour, 117-hour monthly and 8% methods and use whichever valid method gives the greatest entitlement.
- Annual leave accrues from the start of employment and during specified protected leave and certified sick leave.
- Payment instead of statutory leave is generally allowed only when employment ends.
On this page
Four working weeks does not always mean 20 days
Annual leave is measured by the employee’s normal working week. Four weeks is 20 days for someone normally working five days each week, 16 days for a four-day pattern and 12 days for a three-day pattern. Full-time, part-time, temporary and casual employees can accrue leave from the start of employment.
The employer or agency that pays the wages is responsible for the agency employee’s statutory annual-leave entitlement.
Use days only where shifts are broadly consistent. Where shift lengths vary, recording the entitlement and leave taken in hours prevents a short shift and a long shift from being treated as if they were identical.
The three statutory calculation methods
| Method | Entitlement | Main use |
|---|---|---|
| 1,365 hours in the leave year | Four normal working weeks | Employees who reach the threshold, unless employment changed during the year |
| At least 117 hours in a calendar month | One-third of a normal working week for that month | Month-by-month accrual |
| 8% of hours worked | Subject to four normal working weeks | Variable, part-year or part-time patterns |
Use the method that gives the greatest entitlement. Leave already taken is deducted from the total; public holidays are separate and do not use annual-leave days.
Worked starter and part-time examples
| Work pattern | Calculation | Result |
|---|---|---|
| Five days a week; qualifies for four weeks | 4 × 5 days | 20 days |
| Three days a week; qualifies for four weeks | 4 × 3 days | 12 days |
| New starter works 600 hours | 600 × 8% | 48 hours |
| Variable worker completes 900 hours | 900 × 8% | 72 hours, subject to the four-week cap |
Hours may be the clearest unit for variable shifts. The actual result can differ where the 117-hour monthly method is more favourable, so calculate all applicable methods before finalising the balance.
When leave is taken and how it is paid
The employer decides the timing after considering work requirements and the employee’s personal or family responsibilities and consulting at least one month before the leave starts. A contract or workplace agreement may provide a more favourable booking process.
Annual leave should be paid at the employee’s normal weekly rate in advance. Variable pay and normal working hours can require the statutory holiday-pay regulations and payroll records; do not assume overtime or an occasional allowance automatically forms part of normal weekly remuneration.
Sick leave, family leave and carryover
Annual leave continues to accrue during annual leave, certified sick leave and specified protected absences, including maternity, paternity, parent’s, parental and adoptive leave, force majeure leave and the first 13 weeks of carer’s leave.
Where illness prevents leave being taken, the statutory entitlement can remain available for up to 15 months after the end of the leave year. The ordinary Act also contemplates taking leave within the year or, with the employee’s consent, within the following six months. Keep medical certificates and the employer’s leave records.
Leaving a job: calculate accrued leave separately
Payment instead of statutory annual leave is generally prohibited while employment continues. When employment ends, the employee should be paid for untaken statutory leave accrued to the termination date.
Example: a variable-hours leaver worked 500 qualifying hours in the leave year and took 24 hours of annual leave. The 8% method produces 40 hours; 40 − 24 leaves 16 hours to be valued at the applicable normal rate. Before paying, check whether the monthly method gives more and whether the leave year or contract gives a better entitlement.
Final pay should keep outstanding wages, notice pay, annual-leave pay and any redundancy amount identifiable because each follows a different rule. Ask for the leave calculation if the payslip shows only one combined figure.
If the leave record looks wrong
- Confirm the employer’s leave year and your normal working week.
- Collect rosters, clock records, payslips, leave requests and leave taken.
- Calculate all three applicable statutory methods.
- Ask payroll or HR for the balance and method in writing.
- If unresolved, use the grievance process and check the WRC complaint route and current time limit.
A calculator can organise hours and an estimate, but a legal balance depends on accurate work records, leave already taken and any better contractual scheme.
Frequently asked questions
How many annual-leave days do employees get in Ireland?
The statutory maximum under the usual methods is four normal working weeks. That is 20 days for a five-day pattern, but a different day total for another normal week.
How is annual leave calculated for part-time work?
Apply the three statutory methods where relevant. The 8% hours method is common for variable or part-time work, but the 117-hour monthly method may produce more.
Does a new employee build annual leave immediately?
Yes. Statutory annual leave accrues from the start of employment; the balance depends on hours worked and the applicable method.
Who is responsible for an agency worker’s annual leave?
The person or organisation that pays the agency worker’s wages is responsible for the statutory annual-leave entitlement.
Does annual leave accrue during certified sick leave?
Yes. Certified sick leave can continue to accrue annual leave, with illness-related carryover available for up to 15 months after the leave year.
Can an employer choose when annual leave is taken?
The employer determines timing after considering work and personal factors and consulting at least one month before the leave starts, subject to any better agreement.
Can annual leave be paid instead of taken?
Not normally while employment continues. Payment for untaken statutory leave is generally made when employment ends.
How is unused leave calculated in final pay?
Calculate entitlement to the termination date under the most favourable applicable method, subtract leave taken, then value the remaining time at the applicable normal rate.
Sources & references
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