The Organisation of Working Time Act, 1997, provides for the following nine public holidays:-
1 January (New Year’s Day)
St. Patrick’s Day
Easter Monday
the first Monday in May
the first Monday in June
the first Monday in August
the last Monday in October
Christmas Day
St. Stephen’s Day.
In respect of each public holiday, an employee is entitled to:-
(a) a paid day off on the holiday, or
(b) a paid day off within a month, or
(c) an extra day’s annual leave, or
(d) an extra day’s pay
as the employer may decide.
Therefore, if a public holiday falls on a Saturday, and the employee does not normally work Saturdays, options (b), (c) or (d) apply as the employer may decide.
There is no service requirement in respect of public holidays for full-time employees.
Other categories of employees (part-time) qualify for public holiday entitlement provided they have worked at least 40 hours during the five weeks ending on the day before a public holiday.
WHERE THE PUBLIC HOLIDAY FALLS ON A DAY ON WHICH THE EMPLOYEE NORMALLY WORKS
To calculate an employee's daily rate of pay for the public holiday, use one of the following methods:
a) the period of 13 weeks ending immediately before the public holiday in question
b) or, if no time was worked during that period, the period of 13 weeks ending on the day that was last worked by them before that public holiday
WHERE THE PUBLIC HOLIDAY FALLS ON A DAY ON WHICH THE EMPLOYEE DOES NOT NORMALLY WORK
Where a public holiday falls on a day which the employee does not normally work, an employee's daily rate should be calculated as follows:
a) the period of 13 weeks ending immediately before the public holiday in question
b) or, if no time was worked during that period, the period of 13 weeks ending on the day that was last worked by them before that public holiday
An employer must keep, and retain for at least three years, whatever records are necessary to show that the Act is being complied with.
Please note: that this Act refers to 'public holidays' not 'bank holidays'. Not every official bank holiday is a public holiday though in practice most of them coincide.
Need help? Support is available at 01 8352074 or [email protected].