Pay wage for Bank Holidays

R

Rael

Registered User
Messages
48
Hi All,

Question in relation to paying employees.

My company is operating on a 3 Day Week since Feb 09. Employees accepted the reduction to their working week being Tuesday, Wednesady and Thursday. They are in receipt of SW entitlements for the other two days not worked in the week i.e. Monday and Friday.

A query has now been put to me regarding the Bank Holidays ( like yesterday the 26th Oct for instance). Is the company obliged to pay it's employees for theses holidays as they do not receive SW payment for them ?

Any info much appreciated.

R
 
You should pay 3/5 of a days pay for the bank holiday.

They built up their entitlements to them over the year, not on the actual day.
 
Thanks jhegarty,

So it would work out that over a year the employee is entitled to a payment for three-fifths of the total number of Bank Holidays in the year.

Can you elaborate further on this rule ?
 
Ok Purple, thanks again.

What is situation then in relation to holiday pay entitlements based on working 3 days out of 5 as this will be coming up soon.
How many paid days is off is an employee entitled too etc.

Any replies appreciated.
 
Rael said:
Ok Purple, thanks again.

What is situation then in relation to holiday pay entitlements based on working 3 days out of 5 as this will be coming up soon.
How many paid days is off is an employee entitled too etc.

Any replies appreciated.
Click to expand...

Again it's take their 3/5 their normal annual leave. So if 21 is standard , they get 12.6 days.

If they take the holidays as days off , there is no issue. If they take them as pay instead of days off , it would have social welfare ramifications.
 
Here is the information you require:


1. Annual Leave
In line with provisions under this Act 1997, the following method must be used to determine annual leave entitlements. Twenty working days annual leave entitlement, where an employee works at least 1,365 hours in the leave year. If the number of hours worked by an employee is less than 1,365, annual leave must be calculated as follows:
  • 1.66 days for each month in the leave year in which an employee works at least 117 hours;
Or
  • 8% of the hours an employee works in the leave year subject to a maximum of 20 working days per annum.
If more than one of the preceding paragraphs is applicable to an employee, the annual leave to which they are entitled will be whichever is the greater.

2. Public Holiday Payment
Part-time Employees who are not normally rostered to work on a Public/Bank Holiday are entitled to one fifth of the normal weekly rate of remuneration for the Public/Bank Holiday.

In your case, as outlined above, they should receive 3/5ths of a day's pay where the Public Holiday falls outside of staff working days; however over Christmas, Public Holidays will fall on days that you staff work. On these occasions they receive the day off at full pay.
 
When I was involved in holiday pay , the entitlement was 40 hours worked in the previous 5 weeks . Check it here in the ''Organisation of Working Time Act 1997 '' here :

http://www.irishstatutebook.ie/1997/en/act/pub/0020/sec0021.html#zza20y1997s21


(4) Subsection (1) shall not apply, as respects a particular public holiday, to an employee (not being an employee who is a whole-time employee) unless he or she has worked for the employer concerned at least 40 hours during the period of 5 weeks ending on the day before that public holiday.
 
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