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Public Holiday Entitlement in Ireland
In Ireland, employees are entitled to paid time off or additional compensation for statutory public holidays. Your specific entitlement depends on whether you worked on the holiday, whether you normally work on that day of the week, and how many hours you worked in the 5 weeks leading up to the holiday.
How is Public Holiday Entitlement Calculated?
The rules are set out in the Organisation of Working Time Act, 1997. Your entitlement falls into one of three main categories:
- Paid Day Off: If the public holiday falls on a day you normally work and you do not work on that day, you are entitled to a paid day off (your normal day's pay). This applies to all employees, regardless of hours worked in the previous 5 weeks.
- Alternative Paid Day Off (Day in Lieu): If the public holiday falls on a day you do not normally work, you are entitled to a paid day off on another day, usually within a month.
- Compensation for Working: If you work on the public holiday, you are entitled to one of the following (to be agreed with your employer): a paid day off within one month, an additional day's pay, or an additional day of annual leave.
Example Calculation
Sarah normally works Monday to Friday. St. Patrick's Day falls on a Tuesday. She did not work on that day. In the 5 weeks before that week, she worked 195 hours. Since she worked over 40 hours in the qualifying period, she is considered full-time. Her normal workday is Tuesday, and she did not work on the holiday. Therefore, Sarah is entitled to a paid day off for St. Patrick's Day, receiving her normal day's pay.
The 5-Week Rule and Part-Time Workers
A key rule applies to all employees: to be considered full-time for a specific public holiday entitlement, an employee must have worked at least 40 hours in the 5 weeks ending the day before the public holiday week. If you worked less than 40 hours, you are considered part-time for that holiday. This status is informational and does not reduce your core rights: you still get a paid day off if you don't work on a normal workday, and if you work, you have the same three compensation options.
What to Do Next
If you need to formally request the day off that you are entitled to, or if you are an employer drafting a contract that clearly outlines public holiday entitlements, you can use our tailored documents. For employees, a Letter Requesting Annual Leave can be adapted to request your public holiday day in lieu. For employers, ensuring your Contract of Employment clearly states the policy on public holidays helps prevent disputes.