HR Helpdesk - How to handle Public Holiday entitlements this Festive Season

December 01, 2020

There are three public holidays occurring over the coming Christmas period.  These are: 

1. Christmas Day – Friday, 25^th December 2020

2. Saint Stephen’s Day- Saturday, 26th December 2020

3. New Year’s Day – Friday, 1st January 2021

Many Organisations will observe the following Monday, 28^th December 2020 as the public holiday as that is when the Bank holiday falls (i.e. the banks close on this day). Although, it is at the discretion of the Organisation to decide what benefit they provide to Employees in respect of a public holiday and indeed what day they observe as a day off for the purposes of the holiday (if any).

Employers can provide any of the following as benefits in respect of the public holiday:

1. A paid day off on that day,

2. A paid day off within a month of that day,

3. An additional day of annual leave,

4. An additional day’s pay.

Full time Employee’s will automatically be entitled to one of the benefits outlined above in respect of the public holiday.

Part-time Employee’s will need to have worked at least 40 hours in the 5 weeks preceding the public holiday in order to qualify for a public holiday benefit. If part-time Employees have worked 40 hours in the 5 weeks preceding the public and are not required to work on the public holiday, they are entitled to receive one-fifth of their average weekly wage. If their average weekly wage varies from week to week, it is recommended that you seek an average from the previous 13 weeks worked.

An Employee may request to be informed of which option the Employer intends to apply at least 21 days in advance of the public holiday. If the Employer fails to give this information at least 14 days before the holiday, then the Employee will be entitled by default to a paid day off on the day.  Although Employers are only obliged to give notification within this time frame where requested to do so by the Employee, it is good practice to give as much notice as practicable of the option that the Employer intends to apply.

For the purposes of the above, an additional day’s pay is determined as the previous day worked to the public holiday. However, this does not always equate to double time.

Employees on long term sick leave accrue an entitlement to public holidays in the first 26 weeks of certified absence, where it concerns a non–occupational injury, and 52 weeks where it concerns an occupational injury.

Scenario examples:

1. Employee A normally works on Saturdays; however, the Organisation closes on public holidays. Therefore, Employee A is entitled to receive a paid day off on the day (i.e. option a above).

2. Employee B works 5 days a week and is not required to work on Saturday, 26^th December 2020 as the Organisation only operates Monday – Friday. The Organisation has elected to close on Monday, 28^th December 2020 to mark the Bank holiday instead. Therefore, Employee B will be entitled to receive a paid day off on Monday, 28^th December 2020 (i.e. option b above).

3. Employee C is required to work on Saturday, 26^th December 2020. The Organisation has chosen to remain open on Monday, 28^th December 2020 also. Therefore, Employee C is entitled to receive an additional day’s annual leave for that year (i.e. option c above).

4. Employee D is required to work on Saturday, 26^th December 2020 as the Organisation will be open. Employee D is entitled to receive payment for any hours worked on the day, plus an additional day’s pay (i.e. option d above).

For queries relating to public holidays or the Organisation of Working Time Act, contact the team at Adare Human Resource Management – info@adarehrm.ie / 01 561 3594.