Holidays
Organisation of Working Time Act
Entitlement to annual leave.
19.—(1) Subject to the First Schedule (which contains transitional provisions in
respect of the leave years 1996 to 1998), an employee shall be entitled to paid
annual leave (in this Act referred to as “annual leave”) equal to—
(a) 4 working weeks in a leave year in which he or she works at least 1,365 hours
(unless it is a leave year in which he or she changes employment),
(b) one-third of a working week for each month in the leave year in which he or
she works at least 117 hours, or
(c) 8 per cent. of the hours he or she works in a leave year (but subject to a
maximum of 4 working weeks):
Provided that if more than one of the preceding paragraphs is applicable in the case
concerned and the period of annual leave of the employee, determined in accordance
with each of those paragraphs, is not identical, the annual leave to which the
employee shall be entitled shall be equal to whichever of those periods is the greater.
F10[(1A) For the purposes of this section, a day that an employee was absent from
work due to illness shall, if the employee provided to his or her employer a certificate
of a registered medical practitioner in respect of that illness, be deemed to be a day
on which the employee was—
(a) at his or her place of work or at his or her employer’s disposal, and
(b) carrying on or performing the activities or duties of his or her work.]
(2) A day which would be regarded as a day of annual leave shall, if the employee
concerned is ill on that day and furnishes to his or her employer a certificate of a
registered medical practitioner in respect of his or her illness, not be regarded, for
the purposes of this Act, as a day of annual leave.
(3) The annual leave of an employee who works 8 or more months in a leave year
shall, subject to the provisions of any employment regulation order, registered
employment agreement, collective agreement or any agreement between the
employee and his or her employer, include an unbroken period of 2 weeks.
(4) Notwithstanding subsection (2) or any other provision of this Act but without
prejudice to the employee’s entitlements under subsection (1), the reference in
subsection (3) to an unbroken period of 2 weeks includes a reference to such a period
that includes one or more public holidays or days on which the employee concerned
is ill.
(5) An employee shall, for the purposes of subsection (1), be regarded as having
worked on a day of annual leave the hours he or she would have worked on that day
had it not been a day of annual leave.
(6) References in this section to a working week shall be construed as references
to the number of days that the employee concerned usually works in a week.
Times and pay for annual leave.
20.—(1) The times at which annual leave is granted to an employee shall be determined
by his or her employer having regard to work requirements and subject—
(a) to the employer taking into account—
(i) the need for the employee to reconcile work and any family responsibilities,
(ii) the opportunities for rest and recreation available to the employee,
(b) to the employer having consulted the employee or the trade union (if any) of
which he or she is a member, not later than 1 month before the day on which
the annual leave or, as the case may be, the portion thereof concerned is
due to commence, and
F11[(c) to the leave being granted—
(i) within the leave year to which it relates,
(ii) with the consent of the employee, within the period of 6 months after
the end of that leave year, or
(iii) where the employee—
(I) is, due to illness, unable to take all or any part of his or her annual
leave during that leave year or the period specified in subparagraph
(ii), and
(II) has provided a certificate of a registered medical practitioner in respect
of that illness to his or her employer,
within the period of 15 months after the end of that leave year.]
(2) The pay in respect of an employee’s annual leave shall—
(a) be paid to the employee in advance of his or her taking the leave,
(b) be at the normal weekly rate or, as the case may be, at a rate which is
proportionate to the normal weekly rate, and
(c) in a case in which board or lodging or, as the case may be, both board and
lodging constitute part of the employee’s remuneration, include compensation,
calculated at the prescribed rate, for any such board or lodging as will
not be received by the employee whilst on annual leave.
(3) Nothing in this section shall prevent an employer and employee from entering
into arrangements that are more favourable to the employee with regard to the times
of, and the pay in respect of, his or her annual leave.
(4) In this section “normal weekly rate” means the normal weekly rate of the
employee concerned’s pay determined in accordance with regulations made by the
Minister for the purposes of this section.
Entitlement in respect of public holidays.
21.—(1) Subject to the provisions of this section, an employee shall, in respect of
a public holiday, be entitled to whichever one of the following his or her employer
determines, namely—
(a) a paid day off on that day,
(b) a paid day off within a month of that day,
(c) an additional day of annual leave,
(d) an additional day’s pay:
Provided that if the day on which the public holiday falls is a day on which the
employee would, apart from this subsection, be entitled to a paid day off this
subsection shall have effect as if paragraph (a) were omitted therefrom.
(2) An employee may, not later than 21 days before the public holiday concerned,
request his or her employer to make, as respects the employee, a determination
under subsection (1) in relation to a particular public holiday and notify the employee
of that determination at least 14 days before that holiday.
(3) If an employer fails to comply with a request under subsection (2), he or she
shall be deemed to have determined that the entitlement of the employee concerned
under subsection (1) shall be to a paid day off on the public holiday concerned or, in
a case to which the proviso to subsection (1) applies, to an additional day’s pay.
(4) Subsection (1) shall not apply, as respects a particular public holiday, to an
employee (not being an employee who is a whole-time employee) unless he or she
has worked for the employer concerned at least 40 hours during the period of 5 weeks
ending on the day before that public holiday.
(5) Subsection (1) shall not apply, as respects a particular public holiday, to an
employee who is, other than on the commencement of this section, absent from work
immediately before that public holiday in any of the cases specified in the Third
Schedule.
(6) For the avoidance of doubt, the reference in the proviso to subsection (1) to a
day on which the employee is entitled to a paid day off includes a reference to any
day on which he or she is not required to work, the pay to which he or she is entitled
in respect of a week or other period being regarded, for this purpose, as receivable
by him or her in respect of the day or days in that period on which he or she is not
required to work as well as the day or days in that period on which he or she is required
to work.
Public holidays: supplemental provisions.
22.—(1) The rate—
(a) at which an employee is paid in respect of a day off under section 21, and
(b) of an employee’s additional day’s pay under that section,
shall be such rate as is determined in accordance with regulations made by the
Minister for the purposes of that section.
(2) For the purposes of section 21, time off granted to an employee under that
section or section 19 shall be regarded as time worked by the employee.
Compensation on cesser of employment.
23.—F12[(1) (a) Where—
(i) an employee ceases to be employed, and
(ii) the whole or any portion of the annual leave in respect of the relevant
period remains to be granted to the employee,
the employee shall, as compensation for the loss of that annual leave, be
paid by his or her employer an amount equal to the pay, calculated at the
normal weekly rate or, as the case may be, at a rate proportionate to the
normal weekly rate, that he or she would have received had he or she been
granted that annual leave.
(b) In this subsection—
‘relevant period’ means—
(i) in relation to a cessation of employment of an employee to whom
subparagraph (i) of paragraph (c) of subsection (1) of section 20 applies,
the current leave year,
(ii) in relation to a cessation of employment of an employee to whom
subparagraph (ii) of the said paragraph (c) applies, that occurs during the
first 6 months of the current leave year—
(I) the current leave year, and
(II) the leave year immediately preceding the current leave year,
(iii) in relation to a cessation of employment of an employee to whom
subparagraph (iii) of the said paragraph (c) applies, that occurs during the
first 12 months of the period of 15 months referred to in the said
subparagraph (iii) —
(I) the current leave year, and
(II) the leave year immediately preceding the current leave year,
or
(iv) in relation to a cessation of employment of an employee to whom
subparagraph (iii) of the said paragraph (c) applies that occurs during the
final 3 months of the period of 15 months referred to in the said
subparagraph (iii) —
(I) the current leave year, and
(II) the 2 leave years immediately preceding the current leave year.]
(2) Where—
(a) an employee ceases to be employed during the week ending on the day before
a public holiday, and
(b) the employee has worked for his or her employer during the 4 weeks preceding
that week,
the employee shall, as compensation for the loss of his or her entitlements under
section 21 in respect of the said public holiday, be paid by his or her employer an
amount equal to an additional day’s pay calculated at the appropriate daily rate.
(3) If an employee ceases to be employed by reason of his or her death, any
compensation payable under this section shall be paid to the personal representative
of the employee.
(4) Where compensation is payable under subsection (2), the employee concerned
shall, for the purpose of Chapter 9 of Part II of the Social Welfare (Consolidation) Act,
1993 (which relates to unemployment benefit) and Chapter 2 of Part III of that Act
(which relates to unemployment assistance), be regarded as not having been, on the
public holiday concerned, in the employment of the employer concerned.
(5) In this section “appropriate daily rate” and “normal weekly rate” mean,
respectively, the appropriate daily rate of the employee concerned’s pay and the
normal weekly rate of the employee concerned’s pay determined in accordance with
regulations made by the Minister for the purposes of this section.
Public Holidays
SECOND SCHEDULE
PUBLIC HOLIDAYS
1. Each of the following days shall, subject to the subsequent provisions of this
Schedule, be a public holiday for the purposes of this Act:
(a) Christmas Day,
(b) St. Stephen’s Day,
(c) St. Patrick’s Day,
(d) Easter Monday, the first Monday in May, the first Monday in June and the first
Monday in August,
(e) the last Monday in October,
(f) the 1st day of January,
(g) any other day or days prescribed for the purposes of this paragraph.
2. The Minister may by regulations vary paragraph 1 by substituting for any day
referred to in that paragraph another day.
3. An employer may, for the purpose of fulfilling any relevant obligation imposed
on him or her by this Act, treat as a public holiday, in lieu of a public holiday aforesaid,
either—
(a) the Church holiday falling in the same year immediately before the public
holiday, or
(b) the Church holiday falling in the same year immediately after the public holiday
or, if the public holiday is a day which is a public holiday by virtue of paragraph
1 (b), the 6th day of January next following,
by giving to the employee concerned notice of his or her intention to do so not less
than 14 days before the Church holiday (where that holiday is before the public holiday)
or before the public holiday (where that holiday is before the Church holiday or,
as the case may be, the said 6th day of January).
4. Each of the following days shall be a Church holiday for the purposes of paragraph
3:
(a) the 6th day of January, except when falling on a Sunday,
(b) Ascension Thursday,
(c) the Feast of Corpus Christi,
(d) the 15th day of August, except when falling on a Sunday,
(e) the 1st day of November, except when falling on a Sunday,
(f) the 8th day of December, except when falling on a Sunday,
(g) any other day or days prescribed for the purposes of this paragraph.
5. The Minister may by regulations vary paragraph 4 by deleting from that paragraph
any day or by substituting, for any day referred to therein, another day.
6. A notice under paragraph 3 may be given by delivering a copy of the notice to
the employee concerned or by posting a copy of the notice in a conspicuous position
in the place of the employee’s employment.
Exceptions
THIRD SCHEDULE
ENTITLEMENT UNDER SECTION 21 IN RESPECT OF PUBLIC HOLIDAYS: EXCEPTIONS
Each of the following are the cases mentioned in section 21 (5) of absence by the
employee concerned from work immediately before the relevant public holiday:
1. such an absence, in excess of 52 consecutive weeks, by reason of an injury
sustained by the employee in an occupational accident (within the meaning of Chapter
10 of Part II of the Social Welfare (Consolidation) Act, 1993),
2. such an absence, in excess of 26 consecutive weeks, by reason of an injury
sustained by the employee in any accident (not being an accident referred to in
paragraph 1) or by reason of any disease from which the employee suffers or suffered,
3. such an absence, in excess of 13 consecutive weeks, caused by any reason not
referred to in paragraph 1 or 2 but being an absence authorised by the employer,
including a lay-off,
4. such an absence by reason of a strike in the business or industry in which the
employee is employed.
The text in italics on this page is sourced from lawreform.ie and is re-published under the Licence for Re-Use of Public Sector Information made pursuant to Directive 2003/98/EC Directive 2013/37/EU of the European Parliament and of the Council on the re-use of public sector information transposed into Irish law by the European Communities (Re-Use of Public Sector Information) Regulations 2005 to 2015.