The Working Time (Coronavirus) (Amendment) Regulations (Northern Ireland) 2020

Amendment to the Working Time Regulations (Northern Ireland) 2016

2.—(1) The Working Time Regulations (Northern Ireland) 2016(1) are amended as follows.

(2) In regulation 15—

(a) at the beginning of paragraph (5)(a) insert “subject to the exception in paragraphs (6) and (7),”;

(b) after paragraph (5) insert—

“(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).”.

(3) In regulation 17—

(a) in paragraph (1) for “This regulation applies where—” substitute “Paragraphs (1) to (4) apply where—”;

(b) after paragraph (4) insert—

“(5) Where a worker’s employment is terminated and on the termination date the worker remains entitled to leave in respect of any previous leave year which carried forward under regulation 15(6) and (7), the employer shall make the worker a payment in lieu of leave equal to the sum due under regulation 20 for the period of untaken leave.”.

(4) In regulation 18(2)(b) after “leave” insert “(subject, where it applies, to the requirement in regulation 15(8))”.

(1)

S.R. 2016 No. 49.