There is always some confusion about entitlement to holiday pay and/or extra pay for workers on public holidays such as Christmas Day and New Years Day or St Patrick’s Day.
Christmas Day, St Stephen’s Day and New Year’s Day are public holidays in Ireland . Christmas Eve and New Year’s Eve are not.
- All workers are entitled to one of these :
- 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
Note: Part-time workers must have worked for the employer for at least 40 hours in the previous five-week period to have a public holiday entitlement. (Some employers might not apply this rule if they are feeling generous.)
Full-time workers have immediate entitlement to benefit for public holidays regardless of how long they have worked for that employer.
If you work part-time and the public holiday falls on a day that you usually work – you are entitled to a day’s pay or a paid day off for the public holiday.
Part-time workers who are not rostered to work on a public holiday are still entitled to be paid or to paid time off for the public holiday.
Part-time workers get one-fifth of their normal pay for the week as compensation for the holiday. ( If your pay varies – then they should use an average of your day’s pay or the fifth of your weekly pay over the last 13 weeks before the public holiday.)
An Example : A person works part-time from Wednesday to Friday . This year Christmas Day falls on a Monday , St Stephens day on Tuesday and New Year’s Day falls on the following Monday.
In this case the person should receive one-fifth of their normal weekly pay for each of the three public holidays, Christmas Day, St Stephen’s Day and New Year’s Day. So they should get the additional pay or the equivalent amount of time off. Your employer can decide which option to give you.
Working on a Public Holiday :
If you are required to work on a public holiday you are entitled to be paid at your usual rate and you are also entitled to either an additional day’s pay or an extra paid day off.
If an employee ceases to be employed during the week ending on the day before a public holiday, having worked during the 4 weeks preceding that week, he/she is entitled to receive pay for the public holiday.
The Organisation of Working Time Act provides that you may ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer fails to respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.
Where a public holiday falls on a weekend, you do not have any automatic legal entitlement to have the next working day off work.
Other Public Holidays in Ireland –
St. Patrick’s Day (17th March)
The first Monday in May
The first Monday in June
The first Monday in August
The last Monday in October