Know Your Rights: Workers’ entitlements in relation to public holidays

MOST employees are entitled to paid leave on public holidays. There is an exception for certain part-time employees 

If you qualify for public holiday benefit, you are entitled to one of the following:

• A paid day off on the public holiday

• An additional day of annual leave

• An additional day’s pay

• A paid day off within a month of the public holiday

You can ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer does not respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.

Q. As a part-time worker, what is my entitlement to in relation to Public Holidays?

You are entitled to a day’s pay for the public holiday if you have worked for your employer at least 40 hours in the 5 weeks before the public holiday and the public holiday falls on a day you normally work

If you are required to work that day you are entitled to an additional day’s pay in lieu of the day off.

If you do not normally work on that particular day, you should get one-fifth of your weekly pay. Even if you are never rostered to work on a public holiday, you are entitled to one-fifth of your weekly pay as compensation for the public holiday.

Q. What is my entitlement if the public holidays falls on a weekend?

When a public holiday falls on a day which is not a ‘normal working day’ for that business (for example, on Saturday or Sunday), you are still entitled to benefit for that public holiday.

For example, you may get an extra day of annual leave, or an additional days pay, or a paid day off within a month of the public holiday. However, you do not have any automatic legal entitlement to have the next working day off work.

Q. What are my rights if I am on sick leave on a public holiday?

If you work full-time and you are on sick leave during a public holiday, you are entitled to benefit for the public holiday you missed. Your employer can also choose to regard you as not on sick leave on the public holiday and pay you as normal for the public holiday. If this is the case, the public holiday is not counted as a sick leave day. If you are a part-time worker and you are on sick leave during a public holiday, you are entitled to benefit for the public holiday, once you worked for your employer for at least 40 hours in the previous five-week period .

You are not entitled to pay or time off for the public holiday if you are on sick leave immediately before the public holiday, and either of the following apply:

• You have been off work for more than 26 weeks due to an ordinary illness or an accident

• You have been off work for more than 52 weeks due to an occupational accident

Q. What can I do if I am not getting my public holiday entitlement?

If you are not getting your public holiday entitlement, you should discuss this with your employer.

You can also complain to the Workplace Relations Commission (WRC) under the Organisation of Working Time Act. 

You must make your complaint using the WRC’s online complaint form within six months of the dispute or complaint occurring. This time limit may be extended for a further 6 months, but only where there is a reasonable cause which prevented you from bringing the complaint within the normal time limit. You should contact your local Citizens Information Centre for information and assistance re making a complaint to the WRC and the WRC Adjudication process.