Conditions of Employment Act, 1936

Time of annual leave.

26.—(1) The time in any employment year at which an employer shall allow annual leave to a worker who is entitled to annual leave under this Act shall be selected by such employer.

(2) If in any employment year of a worker with an employer such employment year has so far expired that there remains only six working days thereof unexpired and such employer has not at that time allowed such worker annual leave, such worker if he is entitled to annual leave under this Act may absent himself from his work for such employer for such six days and shall not by reason of so absenting himself be deemed to have committed any breach of his contract of service with such employer, and such employer shall pay to such worker in respect of such six days the amount which he would be liable to pay if he had allowed such six days as annual leave.

(3) If an employer allows to a worker in any employment year a period of annual leave earlier than the last six working days of such employment year and such worker leaves the employment of such employer before the termination of such employment year, such employer shall not be entitled in respect of such allowance of annual leave to reduce the period of notice required for terminating such employment, nor the pay nor other emoluments to which such worker may be entitled at the time of leaving such employment.

(4) If any employer fails to pay to any worker any moneys which become payable to such worker under this section such worker may recover such moneys as a simple contract debt from such employer.