Everyone loves a public holiday – who wouldn’t want an extra day off work? But what other options are there in terms of public holiday entitlements? We guide you through the legislation and compensation details...
The Organisation of Working Time Act 1997 outlines statutory paid leave entitlements which include public holiday entitlements.
There are 9 Public holidays in the Republic of Ireland:
- New Year's Day
- St. Patrick's Day
- Easter Monday
- First Monday in May
- First Monday in June
- First Monday in August
- Last Monday in October
- Christmas Day
- St. Stephen's Day
If a public holiday falls on a Saturday, it does
not automatically transfer to the Monday, and the compensation is the same as if the public holiday fell on a Monday.
All full-time employees are automatically entitled to the public holiday from the first day of service. Part-time or variable hour workers have to have worked 40 hours in the previous five weeks before the day of the public holiday to be entitled to compensation.
Compensation for the public holiday can be any one of the following options:
- A paid day off on the public holiday
- A paid day off within one month of the public holiday
- An extra day's annual leave
- An extra day's pay
Entitlement considerations
Qualifying employees will be entitled to one of these options above at the employer’s discretion. The Act allows for an employee to request that the employer nominate which one of the options will apply to them no later than 21 days before the holiday.
If the employer fails to do this within 14 days of the public holiday, then the employee will automatically be entitled to a paid day off on the holiday in question.
Under S.I No.475 of the 1997 Act, if the public holiday falls on a day the employee would normally have worked, they’ll be entitled to a take the day off on full pay. If the public holiday falls on a day that the employee
doesn’t usually work, the employee will be entitled to compensation of 1/5th of their normal working week.
If it’s not possible to assess what a normal working week or day may be, the pay for a public holiday is equivalent to the average daily earnings – calculated by reference to the pay period of 13 weeks prior to the public holiday. If no time is worked over the 13 week prior to the public holiday, the reference period should then be taken to be the 13 weeks ending on the day when time was last worked before the public holiday.
Breach risks
The risk associated with breaching this legislation falls under the OWTA, which is a maximum award of two years remuneration, although the WRC now have the power to serve compliance notices. An employer guilty of this offence may be liable to a summary conviction of a fine not exceeding €2,500 for a first offence.
If you have any questions in relation to public holiday entitlements, please contact our expert employment law advisors on the 24 Hour Advice Service on 0818 923 923
