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Annual Leave/Public Holidays: Employment Law

It is imperative that HR managers are aware of any amendments in the law with regard to employment legislation. Employment Law is by its nature very technical with statutes amending the law over the last number of years. The following sets out details pertaining to annual leave/public holidays.

Annual Leave:
An employee's statutory entitlement to paid annual leave is based on time actually worked as follows:

• 4 working weeks annual leave in a leave year in which the employee works at least 1.365 hours (unless a leave year in which the employee changes employment) or
• 1/3 of a working week's annual leave for each month in the leave year in which an employee works at least 117 hours or
• 8% of the hours worked by the employee in a leave year

The employee's entitlement is whichever is the greater but is subject to a maximum of 4 working weeks.

As annual leave is a health and safety issue, it must be taken by the employee and the employer must allow this to occur. Also of note, an employer cannot pay an employee in lieu of taking annual leave except when their employment is at an end.

Public Holidays

The entitlement to public holidays is based on actual time worked by the employee as the employee must have worked at least 40 hours during the 5 weeks ending on the day before that particular public holiday.

The 9 statutory public holidays are as follows:

• New Years Day
• St. Patrick's Day
• Easter Monday
• May Day (first Monday in May)
• June Holiday (first Monday in June)
• August Holiday (first Monday in August)
• October Holiday (last Monday in October)
• Christmas Day
• St. Stephen's Day

The entitlement is to one of the following at the employer's choosing:

• 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

Redress

Issues arising in relation to annual leave / public holidays are heard by the Rights Commissioner in the first instance and appeals are heard by the Labour Court.

Time Limit: Claims must be taken within 6 months of the alleged breach with an extension to 12 months if exceptional circumstances exist.

There is power under the legislation to award up to 2 years remuneration.

Please note that this article is for information purposes only and does not constitute legal advice.

Sabrina Comerford

Solicitor

Seeking Employment Law Advice

If you would like to set up a consultation with an Employment Law Solicitor please contact Malcomson Law by calling 01 8744422.

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