Christmas as a holiday

jamon_serrano

Hi everyone,

My wife's company is obligating her to take Christmas Public Day, 25th of December, as one of her holidays. She is working full time (40 hours).

Is that legal? It doesn't sound to me according to citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html

If it isn't, which I presume, what can she do?

Thanks in advance,

_Brian

In “most” situations public holidays are given in addition to annual leave.

Here’s a question though as I’ve come across it before.

Are her public holiday hours rolled up into her overall “annual leave” allowance??
One place I worked operated this system, it was 24/7/365 manufacturing so if you wanted off for a public holiday it had to be requested just like any other day and it had almost the same requirements for headcount so you were on no way guaranteed to get it, on occasional years this included Christmas Day.

jamon_serrano

_Brian wrote: »

Are her public holiday hours rolled up into her overall “annual leave” allowance??

I thought about that and asked her afterwards but no, public holidays are not included in the overall "annual leave".

_Brian

jamon_serrano wrote: »

I thought about that and asked her afterwards but no, public holidays are not included in the overall "annual leave".

Ok.
Is this the only public holiday that’s treated like this??

There are stipulations in legislation for how an employer can have an employee work a public holiday and then compensate for this.

An additional day of annual leave
An additional day's pay
A paid day off within a month of the public holiday

However they would have needs to notify her more than 14 days in advance if this is what they wanted.

If they are asking her to use some of her statutory holidays to have Christmas Day off they are wrong, it’s likely they are either pulling a stroke or just misunderstand the rules of Public Holidays.

I would make them aware of the legislation and the fact that they should have requested specific working arrangements more than 14 days in advance, within the 14days the employee can opt to take a paid day as is given in legislation.

Triceratops Ballet

Public holidays are in addition to annual leave. They can ask her to work it and compensate for it one of the above ways, but they can't deduct it from her annual leave, sure if that was the case with all the bank holidays we get most people would only get to pick 11 days a/l a year.

They can tell her she has to use a/l for days between Christmas and New Year if the office is closed, but this does not include the 25th 26th or 1st

jamon_serrano

_Brian wrote: »

Ok.
Is this the only public holiday that’s treated like this??

However they would have needs to notify her more than 14 days in advance if this is what they wanted.

If they are asking her to use some of her statutory holidays to have Christmas Day off they are wrong, it’s likely they are either pulling a stroke or just misunderstand the rules of Public Holidays.

I would make them aware of the legislation and the fact that they should have requested specific working arrangements more than 14 days in advance, within the 14days the employee can opt to take a paid day as is given in legislation.

Yes, the only one of the year, out of the blue which is completely weird.

I will tell her to clarify that with them, but being so close to Christmas and she being just a worker I doubt they will listen to her. If that is the case what do you recommend? Ask a solicitor for advice? Is there another organization that can help with these types of situations?

whomitconcerns

no solicitor...Just get her to explain to them that the 25th and 26th are statutory holidays in addition to her annual leave of 20 days. And to clarify exactly what they want her to do. It may be that they count the BH and statutory as one number ie (29 days annual leave including bank holidays) and they require her to take the day out of that, that's quite common in some other countries

LegacyUser

Christmas Day and St. Stephen's Day are statutory public holidays - not part of annual holidays
see here: http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html

Frustrated_WW

Christmas Day & St. Stephen's Day are statutory public holidays - see this link

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html

mrslancaster

Christmas day is on Monday this year, does your wife normally work on Mondays & will the company be closed on Christmas day?

Tzardine

I have seen companies do this before. They make you take leave at certain times, for example Christmas Day and Stephens Day.

You do also get the statutory extra day off, or days pay etc for the public holidays.

This is perfectly legit. Employers can dictate when you use your holidays.

Making you take the 25th as a leave day and not giving your statutory entitlements for the public holiday is illegal however. Just confirm with the employer but I suspect they are doing the former.

jamon_serrano

Hi all,

She went to speak with her manager (everything got escalated) and they recognized their mistake, so fortunately not a big issue.

Thanks all for your replies.