1. Introduction
Section 21 of the Organisation of Working Time Act 1997 confers entitlements to ten public holidays each year. Employees who work on a public holiday, or who do not work because the day falls on a non-working day, are entitled to one of several specified benefits at the employer’s election.
This article considers the framework of Section 21, the four options available to employers, the calculation of entitlements for part-time and variable-hours staff, and the recent addition of the first Monday in February as a public holiday.
2. Legislation and Case Law
Section 21(1) of the 1997 Act provides that an employee is entitled, in respect of a public holiday, to one of the following: (a) a paid day off on the public holiday; (b) a paid day off within a month; (c) an additional day of annual leave; or (d) an additional day’s pay.
The list of public holidays is set out in the Second Schedule to the Act: New Year’s Day, the first Monday in February (St Brigid’s Day), St Patrick’s Day, Easter Monday, the first Monday in May, the first Monday in June, the first Monday in August, the last Monday in October, Christmas Day and St Stephen’s Day.
Section 23 provides that on cessation of employment, an employee is entitled to compensation for any public holiday that fell within the thirteen days prior to termination on which the employee did not receive the Section 21 benefit.
The Organisation of Working Time (Public Holiday) Regulations 1997 (S.I. 475 of 1997) set out the calculation methodology for the entitlement, including the rules for part-time employees who have worked at least 40 hours in the five weeks before the public holiday.
3. Decision
The WRC will identify the public holidays falling within the cognisable period and examine whether the employer afforded one of the four Section 21 options for each.
Where the employee did not work on the public holiday, the entitlement still arises if the public holiday fell on a normal working day or, for part-time staff, where they have worked sufficient hours in the preceding five weeks.
Compensation under Section 27 may include the unpaid entitlement and an additional element for the breach. Awards typically range from a few hundred euro to several thousand depending on the period of non-compliance.
4. Takeaway
Employers should select one of the four Section 21 options in advance of each public holiday and communicate the choice to employees. A failure to elect creates uncertainty and exposes the employer to complaint.
Employees should compare their pay slips and rotas against the list of public holidays and the Section 21 options. Particular care is required for part-time and variable-hours workers, where entitlements may not be obvious.
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5. Further information
This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.
6. About Crushell & Co
Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.
We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.
Connect: @CrushellLaw or www.wordpress-576593-6594403.cloudwaysapps.com
