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02.04.2019

Question of the month – Part-time employee public holiday entitlements

 

 

Question – what are part-time employees’ public holiday entitlements?

After the recent St. Patrick’s Day long weekend, and the imminent arrival of the public holiday season, over Easter, May and June, a question many employers will have is: what are my part-time employees’ public holiday entitlements?

The law

Public holiday entitlements are set out in the Organisation of Working Time Act, 1997. Remuneration for employees on public holidays are set out in the Organisation of Working Time (Determination of Pay for Holidays) Regulations (SI 475/1997). Public holiday entitlements are in addition to the four weeks’ paid annual leave enjoyed by employees.

Full-time v part-time

A full-time employee enjoys an automatic entitlement to a paid day off for each recognised public holiday.

A part-time employee only enjoys a conditional entitlement to a paid day off on each recognised public holiday.

We take a look at the part-time employee conditions below.

Public holidays that fall on a day the part-time employee would normally work

If a part-time employee has worked at least a total of 40 hours in the 5 weeks leading up to one of the recognised public holidays, and the public holiday falls on a day that the part-time employee would normally work, that part-time employee is entitled to a day off with pay for that public holiday. If the part-time employee works on the public holiday itself, s/he must receive an additional day’s pay, or an alternative day off with pay on a normal work day for them.

Public holidays that fall on a day the part-time employee does not normally work

If the part-time employee has worked at least a total of 40 hours in the 5 weeks leading up to a specific public holiday, and the public holiday does not fall on a day the employee would usually work, that employee must receive 1/5th of their average weekly pay. This entitlement prevails even if the employee never has to work on the day on which the public holiday falls. The reference period to determine average weekly pay is the 13 weeks leading up to the public holiday in question.

If you have any questions about public holiday entitlements, please call 01 886 0350 to speak with a consultant.

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