Employee Leave Entitlements,,

elaverty

Just a quick bit of advice please,,,

I know someone that works from 9-6 monday to friday,,,and 9-1 on a Saturday,,

They have a 1 hour lunch break from 1-2 monday-friday and 20 min break at 10 o clock,,

They have the 9 Public Holidays off also,,

Am i correct in thinking then that they are entitled to 22 days leave also,,,
and would the days that the business is closed over xmas (it depends on what day xmas falls weather they work or not)there may be a day or 2 that they wouldnt be working along with xmas day,stephens day,Are these maybe days taken from the 22 days of leave also,,

I have looked on the NERA website but its not clear,,thanks in advance,,

edellc

elaverty wrote: »

Just a quick bit of advice please,,,

I know someone that works from 9-6 monday to friday,,,and 9-1 on a Saturday,,

They have a 1 hour lunch break from 1-2 monday-friday and 20 min break at 10 o clock,,

They have the 9 Public Holidays off also,,

Am i correct in thinking then that they are entitled to 22 days leave also,,,
and would the days that the business is closed over xmas (it depends on what day xmas falls weather they work or not)there may be a day or 2 that they wouldnt be working along with xmas day,stephens day,Are these maybe days taken from the 22 days of leave also,,

I have looked on the NERA website but its not clear,,thanks in advance,,

20 days holiday us the norm afaik unless contract days different some have extra days added for certain amount of years service
All Xmas holidays are taken from employee holidays so its important they are keep back its usually 3 days ... Xmas, Stephens day and new years day

I made an error please see post further down... Apologies

elaverty

edellc wrote: »

20 days holiday us the norm afaik unless contract days different some have extra days added for certain amount of years service
All Xmas holidays are taken from employee holidays so its important they are keep back its usually 3 days ... Xmas, Stephens day and new years day

Thanks for reply,,i think its 22 days because its 4 weeks holidays,and as he works 5and half day week it would be 22 days im assuming,,,

So 3 of the Public Holiday days ie xmas day,st step day and new year day,should be deducted from the 20/22 days ?

elaverty

Or in other words the wouldnt be entitled to the 4 weeks AND the 9 Public Holidays ?

mrsbyrne

elaverty wrote: »

Just a quick bit of advice please,,,

I know someone that works from 9-6 monday to friday,,,and 9-1 on a Saturday,,

They have a 1 hour lunch break from 1-2 monday-friday and 20 min break at 10 o clock,,

They have the 9 Public Holidays off also,,

Am i correct in thinking then that they are entitled to 22 days leave also,,,
and would the days that the business is closed over xmas (it depends on what day xmas falls weather they work or not)there may be a day or 2 that they wouldnt be working along with xmas day,stephens day,Are these maybe days taken from the 22 days of leave also,,

I have looked on the NERA website but its not clear,,thanks in advance,,

all employees working over 117 hours per month are entitled, by law, to 20 days annual leave.You would only have more days AL if it stated that in your Contract.In addition, they are also entitled to the 9 Public Holidays. Xmas day and st Stephens day are included in these public holidays, so it is not necessary for the employee to keep annual leave days to cover Xmas day and Stephens day.
For example this year Xmas day is on Tuesday, Stephens day Wednesday. so if the business the employee works for is going to be closed for that whole week, the employee needs to keep 3 days annual leave, to cover Monday, Thursday and Friday.

Stheno

elaverty wrote: »

Or in other words the wouldnt be entitled to the 4 weeks AND the 9 Public Holidays ?

Yes

mrsbyrne wrote: »

all employees working over 117 hours per month are entitled, by law, to 20 days annual leave.You would only have more days AL if it stated that in your Contract.In addition, they are also entitled to the 9 Public Holidays. Xmas day and st Stephens day are included in these public holidays, so it is not necessary for the employee to keep annual leave days to cover Xmas day and Stephens day.
For example this year Xmas day is on Tuesday, Stephens day Wednesday. so if the business the employee works for is going to be closed for that whole week, the employee needs to keep 3 days annual leave, to cover Monday, Thursday and Friday.

This is the way my company operate too.

elaverty

So even though he works 5 and half days per week,,he is only entitled to 20 days AL ?,,,,,and not 22..

Eoin

elaverty wrote: »

So even though he works 5 and half days per week,,he is only entitled to 20 days AL ?,,,,,and not 22..

Correct.

edellc

elaverty wrote: »

So even though he works 5 and half days per week,,he is only entitled to 20 days AL ?,,,,,and not 22..

Yes and sorry I worded the Xmas holidays wrong sorry you get Xmas,Stephens day and new years day off they are bank holidays if you work in a company that closes over the Xmas period then you normally have to take the days between Stephens day and new years day off which is normally three working days and these are taken from your annual leave of 20 days


Just checked this year it seems you need to keep 4 days back for Xmas period

Regardless of how many days you work weekly if your employment if full time then 20 annual days leave are awarded its only more if your contract allows for it

testicle

mrsbyrne wrote: »

For example this year Xmas day is on Tuesday, Stephens day Wednesday. so if the business the employee works for is going to be closed for that whole week, the employee needs to keep 3 days annual leave, to cover Monday, Thursday and Friday.

4. New Years Eve is a Monday and still this year.

elaverty

Thanks for that Folks,,,,

greengold9999

I think it is an error to say that 20 days is the entitlement here - the law does not mention the number of days but says that the employee is entitled to 4 working weeks. So in this case that would be 5.5 days x 4 = 22 days annual leave. If you look at the NERA booklet at page 7 http://www.workplacerelations.ie/en/media/Explanatory%20Books%20on%20Holidays%20and%20Public%20Holidays%20for%20Employers%20and%20Employees.pdf
you can see in the second example example where someone working 6 days a week gets 24 days (once they have worked a minimum of 1365 hours in the year)

mrsbyrne

testicle wrote: »

4. New Years Eve is a Monday and still this year.

?
New years eve is not a public holiday.

Eoin

greengold9999 wrote: »

I think it is an error to say that 20 days is the entitlement here - the law does not mention the number of days but says that the employee is entitled to 4 working weeks. So in this case that would be 5.5 days x 4 = 22 days annual leave. If you look at the NERA booklet at page 7 http://www.workplacerelations.ie/en/media/Explanatory%20Books%20on%20Holidays%20and%20Public%20Holidays%20for%20Employers%20and%20Employees.pdf
you can see in the second example example where someone working 6 days a week gets 24 days (once they have worked a minimum of 1365 hours in the year)

Citizens information says a max of 20 days. Don't have link handy as I'm on my phone.

Mrs OBumble

Whether you need to keep 3 or 4 days depends on your company's policy re Christmas Eve and New Year's Eve falling on Monday, and whether they open those days.

Some will choose not to open, in which case you may need A/L for

Mon 24
not Tues 25 - public holiday
not Wed 26 - public holiday
Thur 27
Fri 28
not Sat 29 - weekend
not Sun 30 - weekend
Mon 31st (new Year's Eve)
not Tues 1 - public holiday



Hope that helps.

Nody

Eoin wrote: »

Citizens information says a max of 20 days. Don't have link handy as I'm on my phone.

They assume a 40h working week when saying that but they qoute on the page:

The Organisation of Working Time Act 1997 provides for a basic annual paid leave entitlement of 4 weeks, although an employee's contract could give greater rights. It is also important to note that the periods of leave provided for by legislation are the minimum entitlements only, you and your employer may agree to additional entitlements.

as highlighted above and posted here.

Eoin

Yep, I meant to say the maximum number of days you are legally entitled to.

testicle

mrsbyrne wrote: »

?
New years eve is not a public holiday.

I never said it was. I was referring to the number of holidays you need to keep.