# clarification of bank holiday entitlements



## indebtedgal (3 Apr 2010)

I work Tues Wed and Thursdays every week. Can someone clarify if i am entitled to an extra day off in a week where a bank holiday falls on a monday. Eg next week


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## jhegarty (3 Apr 2010)

You should get  3/5 of normal entitlement.

So if you work 8 hours normally you should get 4.8 hours time-in-leu or pay.


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## wbbs (3 Apr 2010)

*similar query*

Hi,

Kinda similar query, I work Mon, Thur, Fri normally but switch to Tue, Thur, Fri in first week of every month (informal arrangement to suit business need).   Now that next Mon is a BH and as it is first week of month I actually will be working Tue, am I entitled to anything for Monday as in theory I should have been off.


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## Armada (3 Apr 2010)

You are entitled to an extra one fifth of your weekly pay.


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## wbbs (3 Apr 2010)

*Bh*

Thanks,  was hoping I was entitled to a day off instead.   Was real disappointed when I realised I wouldnt be off from last Friday to next Thursday.


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## becky (3 Apr 2010)

You can have the day off intsead of the pay. I have someone who works tues to thursday so I will be adding a days to her annual leave card next week.


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## WaterSprite (4 Apr 2010)

I don't think that's an entitlement becky, although your company may do it.  If you don't normally work on the day a bank holiday falls, you're entitled to 1/5 of a week's pay, not a day in lieu, as Armada says.  It explains it here.  It's also been discussed on other threads on AAM.


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## becky (4 Apr 2010)

Further down the link it states under the rules that an additional day annual leave can be granted. But yes the company can decide which option to apply though.


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## WaterSprite (4 Apr 2010)

I can't see where in that page they refer to the fact that additional day's leave can be granted (although, of course, a company may choose to do so).  If someone is not rostered to work on the bank holiday, the only entitlement is to 1/5 of a week's pay (from that link):_"_If you have worked for your employer at least 40 hours in the 5 weeks  before the public holiday and you are due to work on a public holiday  you are entitled to that day off as paid leave or one of the  alternatives as listed above. _If you are not required to work on that  particular day you should receive one-fifth of your weekly pay instead  of the actual day's leave. _Even if you may never be rostered to work on a  public holiday you are entitled to one-fifth of your weekly pay as  compensation for the public holiday."
​They do refer to the situation where a bank holiday falls on a weekend, but that isn't the case at Easter.


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## becky (4 Apr 2010)

From the link

Employees who qualify will be entitled to either the public holiday off as paid leave or one of the following alternatives: 



A paid day off within a month of the public holiday
An additional day of annual leave
An additional day's pay
The nearest church holiday to the public holiday as a paid day off
The Organisation of Working Time Act provides that you may ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer fails to respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off. 
I actually wasn't aware of the last option , Catholic Ireland alive and well.


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## WaterSprite (4 Apr 2010)

And directly below that is the portion relating to part-time workers, which is applicable here, and which clearly states that a part time worker who is not scheduled normally to work the bank holiday is entitled to 1/5 of a week's pay.  

OP is not entitled to a full day's pay or a day in lieu, only to 1/5 of a week's wages for the bank holiday Monday that she wouldn't normally be scheduled to work.


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## becky (4 Apr 2010)

Well based on that you seem to be right but I think citizens advise is incorrect which isn't like them.​It might seem like I don't like losing an agrument but honestly that's not it. I'll have to check but we never pay our job shareres/part timers for the bk hldys, it's always added as extra leave.
I don't see the difference tbh so can't see how it should matter whether you pay them or give them the time off.  In the case of my own part timer she has accured a load of leave due to sickness and pregnancy related leave so paying her would suit me a lot more.
In our own guidelines it states​©*[FONT=Tahoma,Tahoma][FONT=Tahoma,Tahoma]Employer Advisory Service, HSEA, December 1997 [/FONT][/FONT]*[FONT=Times New Roman,Times New Roman]
[/FONT]Part-time employees are entitled to public holidays if they have worked 40 hours in the 5 weeks ending on the day before the public holiday. ​An employee may, not later than 21 days before a public holiday, request his/her employer to decide on which of the above options will apply in respect of a particular public holiday. The employer must notify the employee accordingly within 14 days of that public holiday. If an employer fails to comply with such a request, the entitlementver shall be deemed to be a paid day off on the holiday concerned.


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## Armada (4 Apr 2010)

becky said:


> (Part-time employees are entitled to public holidays if they have worked 40 hours in the 5 weeks ending on the day before the public holiday. )
> .


 
I would read from the above that part-time employees are entitled to public holiday if they have worked the 40 hours in the 5 weeks prior as stated above. They then receive their extra pay/ leave as per their part time status.... But if they have not worked the said hours they are not entitled to anything extra.

Correct me if I am wrong please.


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## Black Sheep (5 Apr 2010)

I understand that to mean part-time workers who normally work on the Public holiday (ie Monday) are entitled to a paid day off provided they have worked the 40 hours.

Part-timers who are not scheduled to work on Mondays are entitled to 1/5 of their weekly pay

Just a reminder that Good Friday is a bank holiday while Easter Monday is a Public holiday


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## Armada (5 Apr 2010)

Black Sheep said:


> I understand that to mean part-time workers who normally work on the Public holiday (ie Monday) are entitled to a paid day off provided they have worked the 40 hours.


 
Thats my understanding of it too.. but in this case the OP was not rostered to work this Monday so the 1/5th entitlement applies.


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## WaterSprite (6 Apr 2010)

Ok, having looked into the whole thing in more detail, I agree that there is potential for confusion.

The Act (Organisation of Working Time Act) says:

_In the case of public holidays, the Act provides that employees                are entitled to whichever of the following options his/her  employer                determines:_


_a paid day off on the day in question; or _
_a paid day off within a month of that day; or _
_an extra day's annual leave; or _
_an extra day's pay. _
It goes on to say that bit about the employee being able to ask what option the employer is willing to give, the default being a "paid" day off.

The key thing is the rate at which the employer has to pay for that day off (if the employer chooses options 1, 2 or 4 above). That equals 1/5 of the week's wage. That (to me) is the area that leads to confusion - many people would interpret the "paid" day off as a day of full pay, rather than 1/5 of a working week (which would work out less than a full day's pay).

So, it's up to the employer to choose what option of 1-4 they want. If the employee asks and doesn't get a response, the default is a paid day off and the rate of pay is 1/5 of the weekly wage.


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## indebtedgal (6 Apr 2010)

just to say what my employer does, is give me a half day so for every 2 bank holidays that pass i take a full day..


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## joanboot (6 Apr 2010)

I have been on 'week on week off' since last September. This week os rostered 'off'. Am I entitled to anything for the Easter Monday bank holiday??


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## Black Sheep (6 Apr 2010)

That may depend on whether you are working part-time or job share


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## joanboot (6 Apr 2010)

I was working full time but everyone who works in this company was put on 'week on week off' which is considered part time I guess.


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## widebody (6 Apr 2010)

A common problem is what to do if your 3 days are flexible i.e. vary from week to week. Doesn't seem to be much clarification on how to decide what to apply, but best I've come up with is that it depends on what you worked the week before.


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## Hurling Fan (28 Apr 2011)

Would be grateful if someone could clarify the following:

Have to sort out annual leave entitlements for 2 staff and that includes their bank holidays entitlement.

They both work 3 days per week - with one day overlap.

Person A - works Tues, Weds and Thurs so has only benefitted from having St Patrick's Day off.
Person B - works Mon, Weds and Fri - so todate has had all bank holidays off (except St Patrick's Day which was on a thursday)

Feel like I should give Person A a few extra days and deduct a few days from Person B.

Would anyone have a formula?  Thanks.


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