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Annual leave and Christmas

  • 23-12-2018 5:53pm
    #1
    piplip87
    Registered Users, Registered Users 2 Posts: 2,187 ✭✭✭


    Hey guys,

    I work in a 24 hour 365 day a year operation. I am off Xmas eve and Xmas day. Xmas eve is a company day and Xmas day is a public holiday.

    As far as I am aware you are entitled to 20 paid days off a year and the 9 bank holidays.

    I've requested Christmas day off but my foreign TL says because I requested it off it should come out of my Annual leave ? Surely this is not the case


Comments

  • #2
    NSAman
    Registered Users, Registered Users 2 Posts: 3,459 ✭✭✭NSAman


    Christmas Day is a Public Holiday as is Stephens Day. Therefore they cannot take it out of your vacation time.


  • #3
    piplip87
    Registered Users, Registered Users 2 Posts: 2,187 ✭✭✭piplip87


    NSAman wrote: »
    Christmas Day is a Public Holiday as is Stephens Day. Therefore they cannot take it out of your vacation time.

    Thanking you I was thinking that too.


  • #4
    Plumbthedepths
    Closed Accounts Posts: 12,653 ✭✭✭✭Plumbthedepths


    If full-time you are entitled afaik to 1.66 days per month of leave this excludes public holidays.


  • #5
    Dial Hard
    Registered Users, Registered Users 2 Posts: 14,340 ✭✭✭✭Dial Hard


    Plumbthedepths wrote:
    If full-time you are entitled afaik to 1.66 days per month of leave this excludes public holidays.

    Which is 20 days.


  • #6
    Masala
    Registered Users, Registered Users 2 Posts: 3,534 ✭✭✭Masala


    Is you company open Xmas say???? Is that why you requested it off.


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  • #7
    Del2005
    Registered Users, Registered Users 2 Posts: 19,123 ✭✭✭✭Del2005


    piplip87 wrote: »
    Hey guys,

    I work in a 24 hour 365 day a year operation. I am off Xmas eve and Xmas day. Xmas eve is a company day and Xmas day is a public holiday.

    As far as I am aware you are entitled to 20 paid days off a year and the 9 bank holidays.

    I've requested Christmas day off but my foreign TL says because I requested it off it should come out of my Annual leave ? Surely this is not the case

    If your company is 24/7 365 and you are permanent then you most likely got the 9 bank holidays in your holiday allowance. So if you take the day off you need to log it as a holiday, as you have it in your holiday allowance.


  • #8
    ludalyni
    Registered Users, Registered Users 2 Posts: 32 ✭ludalyni


    Del2005 wrote: »
    If your company is 24/7 365 and you are permanent then you most likely got the 9 bank holidays in your holiday allowance. So if you take the day off you need to log it as a holiday, as you have it in your holiday allowance.

    This is not correct. Full time employees are entitled to 4 working weeks statutory annual leave per year (20 days) plus the benefit of the 9 public holidays.

    Christmas Day and St Stephen's Day are public holiday so are an entirely different entitlement to statutory annual leave.

    OP, as others have said, your employer can't force you to use your annual leave on Christmas Day or Stephen's Day.


  • #9
    Plumbthedepths
    Closed Accounts Posts: 12,653 ✭✭✭✭Plumbthedepths


    Dial Hard wrote:
    Which is 20 days.


    Correct and then add on the public holidays.


  • #10
    [Deleted User]
    Posts: 18,749 ✭✭✭✭ [Deleted User]


    If the job is 24/7 & 365 days of the year, then surely taking a day off is from their Annual leave.
    What I mean is, of the OP is due to work on Xmas day, then taking it off would mean taking a days holidays, no?


  • #11
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,361 ✭✭✭✭Mrs OBumble


    ludalyni wrote: »
    This is not correct. Full time employees are entitled to at least 4 working weeks statutory annual leave per year (20 days) plus the benefit of the 9 public holidays - which do not have to be on the actual days that the holiday is observed by the rest of the country.
    ...

    OP, as others have said, your employer can't force you to use your annual leave on Christmas Day or Stephen's Day.

    fyp

    OP, if the leave allocation in your system includes the 9 bank holiday days as well as your annual leave (ie your total days for the year is 29 or more) then the day is correctly recorded as annual leave. This is a common-enough approach in 365 day operations when to not actually work on the specific day of a bank holiday, you need to request it as leave.


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  • #12
    campo
    Registered Users, Registered Users 2 Posts: 3,367 ✭✭✭campo


    bubblypop wrote: »
    If the job is 24/7 & 365 days of the year, then surely taking a day off is from their Annual leave.
    What I mean is, of the OP is due to work on Xmas day, then taking it off would mean taking a days holidays, no?

    No as it is one of 9 public holidays they would also be due off, I also work in the same environment and if I were to work Xmas day we would get 3 days back in return, I am not working it and it does not come off my holiday entitlement.


  • #13
    [Deleted User]
    Posts: 18,749 ✭✭✭✭ [Deleted User]


    campo wrote: »
    No as it is one of 9 public holidays they would also be due off, I also work in the same environment and if I were to work Xmas day we would get 3 days back in return, I am not working it and it does not come off my holiday entitlement.

    But if the OP is due to work?


  • #14
    NSAman
    Registered Users, Registered Users 2 Posts: 3,459 ✭✭✭NSAman


    bubblypop wrote: »
    But if the OP is due to work?

    If he is due to work, he is entitled to at least another day off. If he takes Christmas Day off it does not come off annual leave as it is already a public holiday.

    It is pretty simple to be honest. Bank holiday worked means at least one day off (double in some companies) I suspect this company gives one day off as it is 24//7 and 365.


  • #15
    campo
    Registered Users, Registered Users 2 Posts: 3,367 ✭✭✭campo


    bubblypop wrote: »
    But if the OP is due to work?

    He would not be due to work per se, it is up to the company to have staff on, usually they look for volunteers in exchange for extra time off at a later date


  • #16
    Patz4y72
    Registered Users, Registered Users 2 Posts: 1 ✭Patz4y72


    I have xmas eve as an annual leave holiday which I am now working and getting paid for. Am I entitled to take the day off another time ?


  • #17
    NSAman
    Registered Users, Registered Users 2 Posts: 3,459 ✭✭✭NSAman


    Patz4y72 wrote: »
    I have xmas eve as an annual leave holiday which I am now working and getting paid for. Am I entitled to take the day off another time ?

    If you are working it and being paid, it is no longer annual leave, so yes...


  • #18
    mrslancaster
    Registered Users, Registered Users 2 Posts: 1,988 ✭✭✭mrslancaster


    ludalyni wrote: »
    ... Full time employees are entitled to 4 working weeks statutory annual leave per year (20 days) plus the benefit of the 9 public holidays. ...

    IIRC statutory annual leave is a max of 4 working weeks so not 20 days exactly.

    If you normally work a six day week then it could be 24 working days or if you always work a 4 day week then 16 working days.

    Afaik it depends on the time worked in the previous 13 weeks.

    Part-time workers accrue a/l based on hours worked.

    Employers can always give more annual leave as part of terms and conditions of course.


  • #19
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    Had this myself before. If you work shift and get the public holidays in your balance at the beginning of the year then you don't get the public holidays throughout the year. So if your shift is on Christmas Day (or Patrick's Day, Easter Sunday, etc) then you need to book it off as holidays.

    Normal Monday - Friday 8-5 workers just get bank holidays off and get the balance at the start of the year that doesn't include them.

    Some places will give you double time or time+a lieu day for working your own shift on a public holiday though.


  • #20
    mrslancaster
    Registered Users, Registered Users 2 Posts: 1,988 ✭✭✭mrslancaster


    Patww79 wrote: »
    ...

    Normal Monday - Friday 8-5 workers just get bank holidays off ...

    If a public holiday falls on Saturday or Sunday the employer can decide you have to work Mon to Fri as usual and give you an extra day annual leave or extra days pay or a different day off within a month. They must let you know at least 14 days beforehand.

    In some jobs it suits employers to close for a public holiday and give everyone the same day off, so many companies would just close on the following monday for a w/e holiday but it's up to the employer


  • #21
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    mrslancaster wrote: »
    If a public holiday falls on Saturday or Sunday the employer can decide you have to work Mon to Fri as usual and give you an extra day annual leave or extra days pay or a different day off within a month.

    In some jobs it suits employers to close for a public holiday and give everyone the same day off, so many companies would just close on the following monday but it's up to the employer

    They don't fall on a Saturday or Sunday officially. If something like New Year's Day falls on a Saturday you'll just have it on the calendar on the Monday as 'New Years Day Observed'.


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