Payment for public holidays

Davemania

Looking for some needed advice!
I work shifts of 10 hours x 4 days. Only thing I have noticed is that when I take public holidays off, i only get paid for 8 hours and not ten. Is this correct?
Thanks in advance

Victor

That isn't quite the way it is mean to work, but would be approximately right.

http://www.workplacerelations.ie/en/media/Explanatory%20Books%20on%20Holidays%20and%20Public%20Holidays%20for%20Employers%20and%20Employees.pdf

If the employee’s pay is calculated wholly by reference to a time rate or a fixed rate or salary, the amount paid to the employee for the public holiday is equal to one-fifth of the amount paid to him/her in respect of the normal weekly hours last worked by the employee before the public holiday.

tatli_lokma

well it depends - do you normally work the days that the bank holiday falls on. So for e.g, do you always work Mon- Thurs? if so then you would be entitled to your full days wages for the bank holiday. However, if you don't work a set shift, and can your days vary each week, then you would only be entitled to 5% of your total hours from the previous week, which in your case is 8 hours.

citizensinformation.ie wrote:

Part-time employees
If you have worked for your employer at least 40 hours in the 5 weeks before the public holiday and the public holiday falls on a day you normally work you are entitled to a day's pay for the public holiday. If you are required to work that day you are entitled to an additional day's pay.

If you do not normally work on that particular day you should receive one-fifth of your weekly pay. Even if you may never be rostered to work on a public holiday you are entitled to one-fifth of your weekly pay as compensation for the public holiday.

In all of the above situations your employer may choose to give you paid time off instead of pay for the public holiday.

Davemania

I do work normally work Monday to Thursday. Thanks for the info!

tatli_lokma

so then, yes you should be getting paid for 10 hours, not 8. (Or maybe 9 or 9.5 hours, if you haven't allowed for lunch to be deducted!)

Victor

Little Ted wrote: »

then you would only be entitled to 5% of your total hours from the previous week, which in your case is 8 hours.

One-fifth is 20%, not 5%

Little Ted wrote: »

so then, yes you should be getting paid for 10 hours, not 8. (Or maybe 9 or 9.5 hours, if you haven't allowed for lunch to be deducted!)

No. One-fifth of 40 hours is 8 hours, but it is calculated on pay (with certain exceptions) not hours.

tatli_lokma

Victor wrote: »

One-fifth is 20%, not 5%

Sorry 5% was a typo on my part. I meant 1/5th.

victor wrote:

No. One-fifth of 40 hours is 8 hours, but it is calculated on pay (with certain exceptions) not hours.

No. As my post above clarifies if you are normally scheduled to work on a day that falls on a public holiday you are entitled to a full days pay. As OP works 10 hrs per day they are entitled to 10 hrs pay less any lunch.

ymck1980

Hi there,
Could anyone help with this query - i normally work new years day, but as it was a public holiday, I had a day off.
Now my employer is telling me that i didn't have enough time accrued in order to get paid for this holiday. I am working on a fixed term contract where I normally accrue time to get paid holidays, but they are telling me that due to the time off I had over Christmas I don't have enough time built up to get paid for New years day.
From reading the legislation, I thought I'd be automatically entitled to get paid for this public holiday once I'd worked full time for the previous 5 weeks.
Does anyone know how this works?
Thanks

tatli_lokma

The link I posted above should answer your question. If you have worked 40 hours in the preceding 5 weeks then when the public holiday falls on a day you normally work you are entitled to a day's pay for that date. So you should have been paid for New Years day, Christmas day and Stephens Day provided that you had accrued 40 hours over the preceding 5 weeks. You say you have worked full time over the previous 5 weeks, so you should have been paid.

Have a look on citizens information and print it out and then show it to your employer. Either they are unaware of the regulations (which is disgraceful) or they are trying to pull a fast one (which is even more disgraceful).