S.L. 452.115 Art. 4AOverutilization of annual leave and forced leave.

Should an employee or employees be made to avail himself of forced leave by his employer, notwithstanding anything stated to the contrary in any law, in any contract of service or in any collective agreement, the employer shall always provide a written statement within a reasonable time frame before the forced leave starts to run, wherein the employer gives justified reasons compelling the imposition of forced leave on the employee or employees. In such instances the utilization of such forced leave does not give rise to a civil debt in favour of the employer should the leave taken exceed the annual leave entitlement of the employee due by virtue of the Organization of Working Time Regulations or by virtue of the contract of employment or the applicable collective agreement:

Provided that, notwithstanding the provisions of this regulation, any leave taken by an employee which has been requested by the employee himself, which is in excess of the annual leave entitlement due by virtue of the Organization of Working Time

Regulations or by virtue of the contract of employment or the applicable collective agreement, shall give rise to a civil debt in favour of the employer upon termination of the employee’s employment.