Bank Holiday HSE

paska

My Friend works for a HSE Home Care. She is working there for a few years. She was told that if she did not work on a bank holiday Monday if would be taken out of her 21 days holidays. I know this is not right but can they get away with this?

Stheno

Is she rosteredbto work it as part of her normal working hours and wanting to take the day off?

paska

Stheno wrote: »

Is she rosteredbto work it as part of her normal working hours and wanting to take the day off?

yes

Stheno

paska wrote: »

yes

Eh then she's requesting a holiday why do you think it's not right that it comes out of her holidays?

paska

Stheno wrote: »

Eh then she's requesting a holiday why do you think it's not right that it comes out of her holidays?

She will work 4s day that week and will have a day holidays stopped for Monday. She will not be getting a day to allow for the bank holiday.

jon1981

paska wrote: »

She will work 4s day that week and will have a day holidays stopped for Monday. She will not be getting a day to allow for the bank holiday.

Yes, but she is rostered to work the bank hol ... what's the problem? I presume it's normal practice in the healthcare profession that you win some you lose some when it comes to working a bank hol

What does her contract say?

Kristopherus

Stheno wrote: »

Eh then she's requesting a holiday why do you think it's not right that it comes out of her holidays?

Not so. If she normally works Monday to Friday and then works the BH, she is then entitled to the appropriate pay for the BH, plus a day off. She most certainly should not have it taken out of her normal holiday entitlement.

Stheno

Kristopherus wrote: »

Not so. If she normally works Monday to Friday and then works the BH, she is then entitled to the appropriate pay for the BH, plus a day off. She most certainly should not have it taken out of her normal holiday entitlement.

I suspect she works shifts its a care home And she us fostered to work that day but wants it off




Op does your friend work different shifts and can they be over an entire week including Sat and Sun or does she just work Monday to Friday?

therecklessone

On the face of it this seems wrong. Assuming your friend is not working part-time (and short hours) then if she wants the day off then she is entitled to it as a paid day off (without affecting her annual leave entitlement)

See here:

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html

However it is possible that her 21 day holiday entitlement may already include a number of days for public holiday entitlements. Holiday entitlements are not strictly calculated as a number of days, instead the entitlement is to a number of weeks off work (or a portion thereof), for example a person working a shift pattern of 4on/3off followed by 3on/4off would be entitled to a total of 14 days off in the year.

Is it possible that your friend has such a non-standard working week? If so it may be possible that the "extra" days account for her entitlement to a paid day off for each bank holiday and therefore it would be appropriate to deduct a day.

She really needs to check her contract and/or employee handbook.

Stheno

therecklessone wrote: »

On the face of it this seems wrong. Assuming your friend is not working part-time (and short hours) then if she wants the day off then she is entitled to it as a paid day off (without affecting her annual leave entitlement)

See here:

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html

However it is possible that her 21 day holiday entitlement may already include a number of days for public holiday entitlements. Holiday entitlements are not strictly calculated as a number of days, instead the entitlement is to a number of weeks off work (or a portion thereof), for example a person working a shift pattern of 4on/3off followed by 3on/4off would be entitled to a total of 14 days off in the year.

Is it possible that your friend has such a non-standard working week? If so it may be possible that the "extra" days account for her entitlement to a paid day off for each bank holiday and therefore it would be appropriate to deduct a day.

She really needs to check her contract and/or employee handbook.

I think that's key whether or not she has a non standard week and what her contract says

Manach

Written contracts are important, but the legislation will over-ride their terms. In this case the OPs friend, all things being equal if a standard worker, will at least get a day in lieu if rostered.

paska

Thanks for you answers. I will get answers to the questions raised and report back.