Page 29 - Workplace Relations Guide to Employment Law

Public Holidays If the employee is asked to work on the
public holiday, then he/she is entitled to
The Organisation of Working Time Act either an additional day’s pay for the day, or a
1997 provides for the following nine public paid day off within a month of the day, or an
holidays: additional day of paid annual leave.

Public Holidays There is no service requirement in respect of
public holidays for whole-time employees.
1st January (New Year’s Day) Other categories of employees (part-time)
St. Patrick’s Day; qualify for public holiday entitlement
Easter Monday; provided they have worked at least 40 hours
the first Monday in May; during the 5 weeks ending on the day before
the first Monday in June; a public holiday.
the first Monday in August;
the last Monday in October; (Note that this Act refers to public holidays
Christmas Day; not bank holidays. Not every official bank
St. Stephen’s Day. holiday is a public holiday though in practice
most of them coincide.)

In respect of each public holiday, an employee
is entitled to: Sunday Premium
(i) a paid day off on the holiday, or
If not already included in the rate of pay,
(ii) a paid day off within a month, or employees are generally entitled to paid
time-off in lieu or a premium payment for
(iii) an extra day’s annual leave, or
Sunday working. An employee is entitled to
(iv) an extra days pay the premium payment for Sunday working
payable to a comparable employee in a
as the employer may decide.
collective agreement in force in a similar
industry or sector. This means that the
If the public holiday falls on a day on which Sunday Premium, if not already paid, will be
the employee normally works, then the equivalent to the closest applicable collective
employee is entitled to either a paid day off, agreement which applies to the same or
an additional day’s pay, a paid day off within a similar work under similar circumstances
month of the day, or an additional day of paid and which provides for a Sunday premium.
annual leave for the public holiday.
The premium can be in the form of:
If the public holiday falls on a day on which 4 An allowance
the employee does not normally work, then
the employee is entitled to 1/5th of his/ 4 Increased rate of pay
her normal weekly wage for the day, which 4 Paid time off
rate of pay is paid if the employee receives
options (i) (ii) or (iv), above, as may be decided 4 Combination of the above
by the employer.

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