THERE are 10 public holidays in Ireland each year. On a public holiday, sometimes called a bank holiday, most businesses and schools close. Other services (for example, public transport) still operate but often have restricted schedules. However, many people, particularly those working in the hospitality and retail sector work on these days as it can be a busy time for those particular sectors of the economy. The following are some common queries dealt with by the Citizens Information Service in relation to public holidays.
As an employee, what are my entitlements in relation to Public Holidays?
Most employees are entitled to paid leave on public holidays. Full-time workers have immediate entitlement to benefit for public holidays and part-time workers have entitlement to benefit when they have worked a total of 40 hours in the previous 5 weeks. If you qualify for public holiday benefit, you are entitled to one of the following:
• A paid day off on the public holiday
• An additional day of annual leave
• An additional day’s pay
• A paid day off within a month of the public holiday
You can ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer does not respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.
As a part-time worker, what is my entitlement to in relation to Public Holidays?
If you work for your employer for at least 40 hours in the 5 weeks before the public holiday and it falls on a day you normally work, you get paid for the day even if you don’t work. If you have to work that day, you are entitled to an extra day’s pay.
If you don’t normally work on a certain day but it’s a public holiday, you should get paid one-fifth of your weekly pay. Even if you never work on public holidays, you still get paid a fifth of your weekly pay as compensation for the public holiday. Again, you must have worked for your employer for at least 40 hours in the 5 weeks before the public holiday.
You can count time spent on annual leave as ‘time worked’ when calculating the 40 hours worked in the 5 weeks before the public holiday
What is my entitlement if the public holidays falls on a weekend?
If the public holiday falls on a day which is not a normal working day for that business (for example, on Saturday or Sunday), you are still entitled to benefit for that public holiday. However, you do not have any automatic legal entitlement to have the next working day off work.
Good Friday is not a public holiday. While some schools and businesses close on that day, you have no automatic entitlement to time off work on that day.
What are my rights if I am on sick leave on a public holiday?
If you work full-time and you are on sick leave during a public holiday, you are entitled to benefit for the public holiday you missed. Your employer can also choose to regard you as not on sick leave on the public holiday and pay you as normal for the public holiday.
If this is the case, the public holiday is not counted as a sick leave day. If you are a part-time worker and you are on sick leave during a public holiday, you are entitled to benefit for the public holiday, once you worked for your employer for at least 40 hours in the previous five-week period .
However, there are some exceptions. You are not entitled to pay or time off for the public holiday if you are on sick leave immediately before the public holiday, and either of the following apply:
• You have been off work for more than 26 weeks due to an ordinary illness or an accident
• You have been off work for more than 52 weeks due to an occupational accident
What are my rights if I am on maternity leave or paternity leave when the public holiday occurs?
You are entitled to leave for any public holidays that occur while you are on maternity leave, parental leave, paternity leave, adoptive leave, parent’s leave or domestic violence leave.
What can I do if I am not getting my public holiday entitlement?
If you are not getting your public holiday entitlement, you should discuss this with your employer.
You can also complain to the Workplace Relations Commission (WRC) under the Organisation of Working Time Act. You must make your complaint using the WRC’s online complaint form within 6 months of the dispute or complaint occurring. This time limit may be extended for a further 6 months, but only where there is a reasonable cause which prevented you from bringing the complaint within the normal time limit.
You should contact your local Citizens Information Centre for information and assistance re making a complaint to the WRC and the WRC Adjudication process.
