Public Holidays

19-12-11

A public holiday is a statutory entitlement as set out in the Act.  Public holidays should not be confused with “Bank Holidays” such as Good Friday or Christmas Eve which are not covered by the Act and there is no legal entitlement.  Public holidays are dealt with by part III of the Organisation of Working Time Act, 1997.  The Act applies to all employees under a contract of service or apprenticeship, civil servants and local authority workers.  Members of the Garda Siochana and the Defence Forces are excluded.  In the case of agency employees, the party who pays the wages (employment agency or client company) is the employer for the purposes of the Act and is responsible for providing the entitlement.

There are nine official public holidays as follows;

• New Year's Day (1st January)
• St. Patrick's Day (17th March)
• Easter Monday  
• First Monday in May
• First Monday in June
• First Monday in August
• Last Monday in October  
• Christmas Day (25th December)
• St. Stephen's Day (26th December)

 

Entitlement to public holidays

All full-time employees are automatically entitled to public holidays.  Part-time or casual employees who have worked at least 40 hours in the five weeks ending on the day before the public holiday are also entitled to public holiday benefits.  In respect of each public holiday, an employee’s entitlement as the employer may decide is as follows;

• A paid day off on the public holiday, or
• A paid day off within one month of the public holiday, or
• An extra day’s annual leave, or
• An extra day’s pay

Employees who work or are normally rostered to work on a public holiday are entitled to a day’s pay for the public holiday.  Employees who are not normally rostered to work on a public holiday are entitled to one fifth of the normal weekly rate of remuneration for the public holiday.

Where the rate of pay does not vary in relation to the work done then pay for the public holiday is the rate payable for daily working hours in the last week before the public holiday, including any regular bonus or allowance which does not vary but excluding pay for overtime. Where the rate of pay does vary in relation to the work done i.e. employees do not have normal weekly pay e.g. employees paid on a commission basis or a flexible bonus payment then pay for a public holiday is equivalent to the average daily earnings for normal working hours calculated by reference to earnings over the 13 week period ending on the day before the public holiday.  Pay for overtime is excluded.

When a public holiday falls on a Saturday or Sunday and these days are not normally worked by the company, an employee does not have a legal entitlement to have the next working day off work.  Employees are entitled to the normal alternative arrangements concerning employment and public holidays as stated above.

Leaver before the public holiday

If a full-time employee ceases to be employed during the week ending on the day before the public holiday, having worked 4 weeks preceding that week, he/she will be entitled to receive pay for the public holiday.

If a part-time employee ceases to be employed during the week ending on the day before the public holiday, having worked worked at least 40 hours in the five weeks ending on the day before the public holiday, he/she will be entitled to receive pay for the public holiday.

Public holiday entitlement and sick leave

If a full time employee is on sick leave during a public holiday, he/she has an entitlement to 1 of the 4 options above as the employer may decide for the public holiday missed. If a part-time employee is on sick leave during a public holiday, he/she would be entitled to 1 of the 4 options above as the employer may decide for the public holiday, provided they had worked for their employer for at least 40 hours in the previous five-week period.

Public holiday entitlement and absences from work

Employees absent from work immediately before the public holiday will not be entitled to benefit from the public holiday in the following circumstances;

• An absence in excess of 52 weeks by reason of an occupational injury
• An absence in excess of 26 weeks by reason of illness or injury
• An absence in excess of 13 weeks by reason not referred to above but authorised by the employer including lay-off.
• An absence by reason of strike

Employees on maternity, adoptive, additional maternity/adoptive leave or parental leave maintain their public holiday entitlement for the duration of their absence.  Employees on Carer’s leave maintain their entitlement for the first 13 weeks of the leave.  Employees on health and safety leave have no entitlement to a public holiday.

Public holidays and lay-off / short-time

Employees on lay-off or short-time may retain the benefit of any public holidays which occur during periods of interrupted working, within certain time limits.  These limits are as stated above in the absences from work section.  For lay-off periods lasting up to 13 weeks employees retain the right to be paid for public holidays falling during this timeframe.  If an employee is absent from work in excess of 13 weeks due to lay-off immediately before the public holiday they will not be entitled to benefit from the public holiday. 

Employees on short-time who work or are normally rostered to work on a public holiday are entitled to a day’s pay for the public holiday.  Employees on short-time who are not normally rostered to work on a public holiday are entitled to one fifth of the normal weekly rate of remuneration for the public holiday.  Full-time employees are automatically entitled to benefit from the public holiday.  Part-time employees are entitled to benefit from the public holiday if they have worked 40 hours in the 5 weeks before the public holiday.  

The onus rests with the employer to decide which of the four entitlements the employee will receive.  Entitlements to public holidays do not last indefinatley and prolonged absences from work will eventually result in the entitlement ceasing.

 

If you require any further assistance or clarification on any of above points please contact HRP on 01 676 0006.

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