Q.  My employer has told me that I was not entitled to a public holiday for Saint Patrick’s Day because I had been absent from work for a time leading up to it. Is this correct?

15.04.08

There are some situations where an employee is not entitled to public holiday benefits because they have been absent from work immediately beforehand. This is the case where the absence is over 26 weeks and due to illness or injury; or over 52 weeks because of an occupational injury; or over 13 weeks, due to some other reason and authorised by the employer; or due to a strike; or after the first 13 weeks of carer’s leave.

Within these limits, you are entitled to public holiday benefits if you are on annual leave or on sick leave before or during a public holiday. Your employer may give you an extra day’s pay; an extra day of annual leave; or a paid day off within a month. Part-time staff must have worked a total of more than 40 hours in the five weeks before a holiday to be eligible for public holiday entitlements.

Employees on maternity leave, parental leave or adoptive leave maintain their public holiday entitlement for the duration of their absence. Complaints in relation to holiday entitlements may be referred to the Labour Relations Commission, Lo-call 1890 220 227 or visit  www.lrc.ie .

Citizens Information: Buncrana 074 9363496; Carndonagh 074 9373741

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