Confused about holiday entitlement for Christmas Eve and New Years Eve?

Ireland has 9 Public Holidays.  Christmas Eve and New Year’s Eve are not public holidays. If an employee is off these days, they may be counted as annual leave. Since they fall on Tuesday this year we have included some information below regarding legal entitlements to holidays.

There is no qualifying period for holidays and all employees’, regardless of status, service or age, qualify for paid holidays.

When calculating holiday entitlement, all time worked qualifies for paid holiday time, including overtime hours worked.

Per the Organisation of Working Time Act 1997, depending on the time worked, an employee’s minimum holiday entitlements should be calculated by one of three methods:

  • A minimum of 4 working weeks      in a leave year in which the employee works at least 1,365 hours (unless      it is a leave year in which he or she changes employment).

For an employee who works a 5 day week, this is equal to 20 days paid holiday in a year.

An employee who works a 3 day week is also entitled to 4 weeks holidays, but this amounts to 12 working days (4 weeks x 3 days per week). While an employee is entitled to a minimum of 4 weeks holidays in a year, there is nothing to prevent an employer from providing an employee with an annual leave entitlement in excess of 4 weeks, but this is purely a matter between the employer and the employee

  • 1/12th      of the annual holiday entitlement for every calendar month in which the      employee works at least 117 hours. For an employee entitled to the minimum      entitlement of 20 days annual paid holidays, this is equal to 1 and 2/3      days (20 divided by 12) of paid holidays per month. For an employee      entitled to 30 days’ annual paid holidays by virtue of their contract of      employment, this is equal to 2 and ½ days (30 days divided by 12) paid      holidays per month
  • 8%      of the hours an employee works in a leave year (but subject to a maximum      of 4 weeks)

Contact our Payroll Team or call us on +353 (0)41 686 3000.