Most workers in Ireland are entitled to paid time off from work for public holidays, as set out in the Organisation of Working Time Act 1997. Although full-time workers have immediate entitlement to benefit for public holidays, the rules differ slightly for those who are in part-time employment.
When am I entitled to the same rights as a full-time employee?
As a part-time worker, it is only if you meet both of the following conditions that you will be entitled to the same rights with respect to public holidays as full-time employees. These conditions are:
- If you have worked for your employer at least 40 hours in the 5 weeks before the public holiday
AND
- If the public holiday falls on a day you would normally work
I meet those conditions, so what am I entitled to?
In the case that you meet both conditions, you will be entitled to the following as determined by your employer:
a) A paid day off on the day of the holiday
b) A paid day off within a month of the holiday
c) An additional day of leave
d) OR, an additional day’s pay
If you do not normally work on the day on which the public holiday falls but have been asked to work in this instance, you should be provided with an extra fifth of your weekly pay. You are entitled to this extra fifth of your weekly pay as compensation for having to work on the public holiday, even if you are never usually rostered to work during public holidays.
If, however, you are normally rostered to work on a public holiday, then you are entitled to one of the four options listed above and as decided by your employer.
Should I contact a solicitor?
As an employee in Ireland, whether full-time or part-time, it can be difficult to determine with confidence your rights and entitlements for issues such as working on public holidays. To ensure that you are in receipt of any and all employment rights to which you are entitled, be sure to speak with a qualified solicitor who will be happy to address any queries that you may have.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
