The Employment Rights Information Unit (ERIU) of the Department of Enterprise, Trade and Employment has clarified the situation regarding Christmas and New Year's Day Public Holidays. It seems that there is a common misconception that, as Christmas Day and St Stephens Day fall on a Saturday and Sunday this year, the Public Holidays are automatically carried over to the following Monday and Tuesday. This is definitely not the case.

Saturday 25 December (Christmas Day) and Sunday 26 December (St. Stephens Day) are in fact the Public Holidays. The same situation exists with respect to New Year's Day which also falls on a Saturday (1 January 2005).

However, as one of the entitlement options for Public Holidays is a paid day off within a month of the public holiday, employers may decide at their own discretion to close on the Monday (27 December) and Tuesday (28 December).

Employees, other than part-time employees, have an immediate entitlement to public holiday benefits. Part-time employees must have worked at least 40 hours in the 5 weeks ending on the day before the public holiday to qualify for public holiday benefit.

Entitlements for a public holiday

In respect of a public holiday, an employee is entitled to whichever of the following is determined by the employer:

1. a paid day off on that day
2. a paid day off within a month of that day
3. an additional day of paid annual leave
4. an additional day's pay.

If a public holiday falls on a day that would normally be a day off for the employee, entitlement for that public holiday is one of the options (b), (c) or (d) above.

If, following a request from an employee no later than 21 days before the public holiday, an employer does not nominate one of the options above 14 days before the public holiday, the employee will automatically be entitled to a paid day off on the day of the public holiday or, if normally off on that day, to an additional day's pay.

Payment for a public holiday

Where the public holiday falls on a day on which the employee normally works, the employee is entitled to a day's pay for the public holiday.

Where the public holiday falls on a day on which the employee does not normally work, the employee is entitled to one fifth of the normal weekly wage for the public holiday.

Where the employee is required to work on the public holiday, the employee is entitled to one of the options (b), (c) or (d) above

If employment ceases during the week ending on the day before a public holiday and the employee has worked during the 4 weeks preceding that week, the employee is entitled to receive pay for the public holiday.

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...back to 9 December 2004


Further information:
Department of Enterprise, Trade and Employment website