Written answers

Tuesday, 22 October 2024

Department of Enterprise, Trade and Employment

Employment Rights

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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277. To ask the Minister for Enterprise, Trade and Employment if a person is entitled to pay for bank holidays and public holidays accrued whilst receiving illness benefit. [42374/24]

Photo of Emer HigginsEmer Higgins (Dublin Mid West, Fine Gael)
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Public holiday entitlements are set out in Section 21 of the Organisation of Working Time Act 1997.

In respect of a public holiday, an employee is entitled to whichever of the following his/her employer determines:

  • a paid day off on that day
  • a paid day off within a month of that day
  • an additional day of annual leave
  • an additional day of pay
Under Section 21(4) of the Act, part-time workers are entitled to receive their public holiday entitlement when they have worked a total of 40 hours in the previous 5 weeks ending on the day before that public holiday.

As per Section 21 (5) of the Act, employees are not entitled to receive their public holiday entitlement if they are absent from work immediately before that public holiday in any of the below cases:
  • The employee has been off work for more than 26 weeks due to an ordinary illness or an accident.
  • The employee has been off work for more than 52 weeks due to an occupational accident.

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