Alan Farrell (Dublin North, Fine Gael)
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Question 425: To ask the Minister for Social Protection the reason those in receipt of part time jobseeker's benefit do not receive payment for bank holidays; and if she will make a statement on the matter. [20209/12]

Joan Burton (Dublin West, Labour)
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If a part-time employee is claiming a jobseeker's payment for a period which includes a bank holiday for which they are not entitled to a payment from their employer, then they will be entitled to jobseeker's benefit or allowance for that day. The determination of whether a person is entitled to payment from their employer in respect of a bank holiday is governed by the Organisation of Working Time Act, 1997. Under this Act, for each of the nine public holidays in a year, an employee is entitled to either a paid day off on the holiday, a paid day off within a month of the holiday, an extra day's annual leave, or an extra day's pay. Part time employees qualify for public holidays entitlement provided they have worked at least 40 hours during the five weeks ending on the day before a public holiday.