Widespread Confusion over Christmas Holidays
The Employment Rights Information Unit (ERIU) of the Department of Enterprise, Trade and Employment would like to make clear the situation regarding the upcoming Christmas and New Year’s Day Public Holidays. The ERIU has received numerous calls in recent weeks and what has emerged is that there is a common misconception that as Christmas Day and St Stephens Day fall on a Saturday and Sunday this year that the Public Holidays are automatically carried over to the following Monday and Tuesday.
This is definitely not the case.
Saturday December 25th (Christmas Day) and Sunday December 26th (St. Stephens Day) are in fact the Public Holidays. The same situation exists with respect to New Year’s Day which also falls on a Saturday (1st January 2005).
Employers may however decide at their own discretion to close on the Monday (December 27th) and Tuesday (December 28th) as one of the entitlement options for Public Holidays is a paid day off within a month of the public holiday (see below for breakdown of entitlements).
Conditions for qualifying for Public Holiday benefit
Employees, other than part-time employees, have an immediate entitlement to public holiday benefits. Part-time employees must have worked at least 40 hours in the 5 weeks ending on the day before the public holiday to qualify for public holiday benefit.
Entitlements of employees in respect of a public holiday
In respect of a public holiday an employee is entitled to whichever of the following his/her employer determines:
- a paid day off on that day
- a paid day off within a month of that day
- an additional day of paid annual leave
- an additional day’s pay.
If a public holiday falls on a day on which the employee would normally be entitled to a day off then his/her entitlement for that public holiday would be one of the options (b), (c) or (d) above.
If, following a request from an employee, no later than 21 days before the public holiday, an employer does not nominate one of the options above 14 days before the public holiday, the employee will automatically be entitled to a paid day off on the day of the public holiday or if he is normally off on that day to an additional day’s pay.
Pay for a Public Holiday
Where the public holiday falls on a day on which the employee normally works, the employee is entitled to a day’s pay for the public holiday.
Where the public holiday falls on a day on which the employee does not normally work, the employee is entitled to one fifth of his/her normal weekly wage for the public holiday.
Where the employee is required to work on the public holiday, the employee is entitled to one of the options (b), (c) or (d) above
If the 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 Employment Rights Information Unit is available for contact at:
Employment Rights Information Unit
Room G05
Davitt House
65a Adelaide Road
Dublin 2
Telephone: + 353 1 631 3131
LoCall
Number 1890 201 615
Fax: + 353 1 631 3267
E-mail Address:erinfo@entemp.ie
Opening hours: 9.30 am - 5.00 pm (including lunchtime)
ENDS/ETE 1290
Last modified: 02/12/2004
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