Statutory annual leave should be taken within the leave year, or within six months after it if the employee agrees. The statutory leave year is 1 April to 31 March, though many employers use the calendar year. Leave someone couldn't take because of certified sickness can be carried for 15 months. You can't pay people instead of them taking statutory leave unless they're leaving. And you can still say no to clashing requests, as long as they get a fair chance to use it.
We've been caught out by this. Nobody looked at leave balances until near the end of the year, then someone realised they had a pile of days left and asked for most of the second half of December. We were stuck - say no and it's a problem, say yes and we're short. Completely avoidable if anyone had looked in October. Or better, in the summer.
When does the leave year end in Ireland?
Whenever your contract says it does - but if it doesn't say, the statutory leave year runs from 1 April to 31 March. A lot of small businesses use the calendar year instead because it's simpler, and that's fine; it doesn't change anyone's entitlement.
It matters here because it changes when your rush hits. If your leave year runs January to December, you'll get the scramble in December, right on top of Christmas. If it's April to March, Christmas is less of a squeeze but you'll get a rush in March instead. Check which one you're on - you'd be surprised how many owners aren't sure.
Can staff lose annual leave they haven't used?
Yes, eventually - but it's more generous than "use it or lose it" sounds. Statutory leave should be taken in the leave year, or within the six months after it if the employee agrees. So if your year ends on 31 December, unused statutory leave can still be taken up to the end of June, with their consent. After that it's normally lost (apart from the sickness rule below).
Our advice is not to rely on that six months as a plan. If everyone carries leave into the first half of the year, you've just moved the problem to the spring. And make sure people actually get a fair chance to take their leave during the year - telling them clearly, in writing, how much they've got and when it needs to be used by goes a long way. Any leave you give on top of the statutory four weeks follows whatever your own policy says.
We've gone into the detail in annual leave carry-over rules in Ireland.
Book Time Off shows everyone's days used and days remaining at a glance, so you can see who's sitting on a pile of leave long before the end of the year. You can set a company-wide carry-over limit and an optional use-by date - say six months - and carried days not used in time are dropped automatically, with the loss recorded. It won't make people book their leave, sadly. But it means nobody's surprised.
→ Start free trialCan I say no when everyone wants the same weeks off?
Yes. Having leave left doesn't give anyone the right to take it on the dates they want - in Ireland the employer decides when annual leave is taken. If four people with unused days all want 21 to 31 December and you can only spare two, you can say no to the others.
What you need to do is take their family responsibilities and need for rest into account, and make sure they still get a fair chance to use their leave - other dates in December, or carrying some into the next six months with their agreement. You can also go the other way and ask people with lots left to take some on dates you pick, as long as you consult them at least a month beforehand. That's often the cleanest fix in October or November. We've covered saying no properly in can I refuse annual leave at Christmas?
Can I pay staff for annual leave they haven't taken?
Not for their statutory leave, no - not while they still work for you. The whole point of the legal minimum is that people actually take a break, so you can't just buy it off them. The only time you pay for untaken statutory leave is when someone leaves.
Anything you give on top of the four weeks is different - your own policy decides what happens to that. But for most small businesses the honest answer is: get them to take it.
What if they couldn't take it because they were off sick?
Then they get longer. If someone couldn't take their leave because of illness covered by a medical cert, they have 15 months from the end of the leave year to take it, not six. Certified sick days during annual leave don't count as annual leave either. So before you write off anyone's days, check whether they've had a long stretch off sick during the year.
How to stop the year-end rush next year
This is what's worked for us:
- Look at everyone's balance about halfway through the leave year. Anyone who's used less than about a third gets a friendly nudge.
- Look again when you send the Christmas email in October, and tell anyone with lots left that December's going to be busy.
- Tell people in writing when their leave needs to be used by, and what your rule is on carrying it over.
- Decide your carry-over rule and stick to it. "Up to five days, used within six months" lines up nicely with the law.
The rest of the Christmas plan is in how to manage Christmas annual leave.
The legal bit, if you need it
You don't need this to get Christmas sorted, but here's what the rules actually say if anyone asks.
- The statutory minimum is four working weeks of annual leave a year, and the statutory leave year runs from 1 April to 31 March unless the employer uses a different one (Citizens Information).
- Annual leave must be granted within the leave year, or within six months after it with the employee's consent (Organisation of Working Time Act 1997, s.20).
- Leave that couldn't be taken because of certified illness can be carried over for up to 15 months after the end of the leave year (WRC).
- Payment instead of statutory annual leave is only allowed when employment ends (Citizens Information).
- The employer decides when leave is taken, having regard to family responsibilities and rest, after consulting the employee at least one month before (s.20).
Sources
| Citizens Information | Annual leave · The leave year, carry-over and payment in lieu. Checked October 2026. |
| WRC | Annual leave · Carry-over after illness. Checked October 2026. |
| Irish Statute Book | Organisation of Working Time Act 1997, section 20 · Times and carry-over of annual leave. Checked October 2026. |
FAQs
This is practical, general information for employers in Ireland. If you've got a dispute brewing or something unusual in a contract, check with the Workplace Relations Commission (its information service is free) or an employment solicitor.