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Anthony Brady, Industrial Relations and Employment Services Executive with the CIF, outlines the public holiday entitlements for employees in the Construction Sector.
Next Monday, 6th May 2019, is the start of the eagerly awaited summer public holidays. There are three in total which include the first Monday in May, the first Monday in June and the first Monday in August.
It is at the discretion of the Company to decide what benefit they provide employees in respect of a public holiday. In line with the Organisation of Working Time Act, 1997, employers can provide any of the following as benefits in respect of the public holiday:
- A paid day off on that day,
- A paid day off within a month of that day,
- An additional day of annual leave,
- An additional day’s pay.
Construction Sector workers are entitled to double time for time worked on a public holiday in addition to an additional day’s leave.
Full time employees will automatically be entitled to one of the benefits outlined above in respect of the public holiday.
Part-time employees will need to have worked a minimum of 40 hours in the five weeks preceding the public holiday in order to qualify for a public holiday benefit. If part-time employees have worked 40 hours in the five weeks preceding the public holiday and are not required to work on the public holiday, they are entitled to their normal days pay if they were rostered to work that day. If they do not normally work on the day the public holiday falls, or work a variable week, they are entitled to receive one-fifth of their average weekly wage. If their weekly wage varies from week to week, it is recommended that you seek an average from the previous 13 weeks worked.
In relation to an employee whose employment is terminated on or before a public holiday, if their last day of employment is during the week ending on the day before a public holiday, and they have worked during the four weeks preceding that week, they are entitled to a benefit for same. For example, the May public holiday is on Monday, 6th May 2019, therefore if an employee ceases to be employed on any date between 29th April 2019 – 5th May 2019, they should receive a benefit, provided they have worked any time between 1st – 29th April.
In total, the Organisation of Working Time Act, 1997 provides for the following 9 public holidays:
1st January (New Year’s Day)
17th March (St Patrick’s Day)
First Monday in May
First Monday in June
First Monday in August
Last Monday in October
25th December (Christmas Day)
26th December (St Stephen’s Day)
For queries relating to public holidays or the Organisation of Working Time Act, please contact a member of the Industrial Relations & Employment Services Department on 01 406 6000.
Anthony Brady, Industrial Relations and Employment Services, CIF