Problem with public holiday

LegacyUser

Having a problem with work about public holidays. I am part time and do not work Mondays, so normally when there is a public holiday I get one fifth of my weekly hours for this.

I was asked to work the October public holiday on a Monday and was paid for these hours but am having a disagreement with my employer regarding what I should be entitled to because it was a public holiday. They say I should get one fifth of my weekly hours but I think it is supposed to be an additional day's pay for the public holiday. Can I ask which of these is correct?

Eoin

Any use to you? Looks like it depends on the number of hours you've worked in the 5 weeks previous (link).

Your entitlement to public holidays is set out in the Organisation of Working Time Act 1997. Most employees are entitled to paid leave on public holidays. One exception is part-time employees who have not worked for their employer at least 40 hours in total in the 5 weeks before the public holiday.

Employees who qualify for public holiday benefit will be entitled to one of the following:

A paid day off on the public holiday
An additional day of annual leave
An additional day's pay
A paid day off within a month of the public holiday
The Organisation of Working Time Act provides that you may ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer fails to respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.

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.

LegacyUser

Eoin wrote: »

Any use to you? Looks like it depends on the number of hours you've worked in the 5 weeks previous (link).

Hi Eoin,

Many thanks for the link and information. I meant to say that I did work more than 40 hours in the previous 5 weeks so should be entitled to some form of public holiday pay. I guess my main question is should this be one fifth of my weekly hours or a full day's pay?

tatli_lokma

Full days pay or additional day off if you work. 1/5th if you are off.

LegacyUser

tatli_lokma wrote: »

Full days pay or additional day off if you work. 1/5th if you are off.

Thanks very much for the reply. This is what I thought but my boss thinks it's 1/5th despite me presenting evidence to the contrary. Was starting to doubt myself.