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Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Q. As an employee, what are my entitlements in relation to Public Holidays?
Most employees are entitled to paid leave on public holidays. There is an exception for certain part-time employees
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.
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Q. 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
Q. What is my entitlement if the public holidays falls on a weekend?
When a 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.
For example, you may get an extra day of annual leave, or an additional days pay, or a paid day off within a month of the public holiday. However, you do not have any automatic legal entitlement to have the next working day off work.
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Q. Is Good Friday a public holiday?
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.
Q. How is the date of Easter Monday set each year?
Easter Monday is the only public holiday that can vary significantly from year to year. The date of Easter moves every year. Easter should be the first Sunday after the first full moon occurring on or after 21 March.
This means the earliest possible date for Easter Sunday in any year is 22 March, and the latest is 25 April. Easter Monday falls on 1 April 2024 and 21 April 2025.
Q. 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
Q. 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.
• For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
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