Public Holidays entitlement etc.

TippCashel

Hello

Couple of questions here that I need clarification on if anyone can help.

My working week is 6am-2pm Tuesday to Saturday

This week I'm 'scheduled' to be working Christmas Day, Stephens Day, Thursday, Friday and Saturday.

It was agreed last week that I could have Christmas Day off (someone in America is filling in for me). Should I have to use annual leave to take it off, even though it's a public holiday?

I would ask in work but this is what has come from HR so I'm confused. Would be the same Q for New Years Day next Tuesday.

Like - I suppose I just need the clarification that the below email is acceptable as far as Irish working law goes.

I'm just not 100% certain on these things

splinter65

You must be paid your normal rate of pay for tomorrow.

TippCashel

Thanks Splinter.

I think that's fine, but should I have to take an Annual Leave day if I'm not working the day?

The double pay thing is weird.

_Brian

Yes.
Wien I worked shifts like that you had to take AL to cover the day.

Same as asking for any public holiday off work, if you get it it’s AL.

splinter65

TippCashel wrote: »

Thanks Splinter.

I think that's fine, but should I have to take an Annual Leave day if I'm not working the day?

The double pay thing is weird.

If your not working today then you still need to be paid for today.

Getting double pay but then having to take a days holiday sounds odd - where is this HR/finance person - are they in Ireland?

I don't see how this would work over a full year - you have say twenty days holidays plus nine public holidays so if theoretically you took all nine public holidays off you would get paid for them correcrly but you would be left with only 11 other holidays left to take?

TippCashel

splinter65 wrote: »

If your not working today then you still need to be paid for today.

Thanks Splinter. I knew that I had to be paid, but didn't know if i HAD to take annual leave or not if I didn't want to work it.

Deleted User wrote: »

Getting double pay but then having to take a days holiday sounds odd - where is this HR/finance person - are they in Ireland?

I don't see how this would work over a full year - you have say twenty days holidays plus nine public holidays so if theoretically you took all nine public holidays off you would get paid for them correcrly but you would be left with only 11 other holidays left to take?

Currently HR are in the US and the Finance Guy is here (it's a bit of a mess currently).

Exactly my thoughts too. I found it bizarre. I assumed the case would be if you didn't work the day (but scheduled for it) that you would get normal pay, and you're not taking any AL.

I dunno.. I'm just a bit upset over it more than anything since this was only confirmed to us yesterday.. (was only by chance I checked outlook on my phone and saw it)...

Can you elaborate on your last point if possible? I'm just trying to figure it all out myself too

Mrs OBumble

[Deleted User] wrote: »

Getting double pay but then having to take a days holiday sounds odd - where is this HR/finance person - are they in Ireland?

I don't see how this would work over a full year - you have say twenty days holidays plus nine public holidays so if theoretically you took all nine public holidays off you would get paid for them correcrly but you would be left with only 11 other holidays left to take?

It works if your leave entitlement is put into the system as 29 (or more) days. They just treat the PH entitlement as another days leave for recording purposes.

TippCashel

Mrs OBumble wrote: »

It works if your leave entitlement is put into the system as 29 (or more) days. They just treat the PH entitlement as another days leave for recording purposes.

Is this something I should bring up with work so would you say?

Sorry - I’m not 100% on it

splinter65

TippCashel wrote: »

Is this something I should bring up with work so would you say?

Sorry - I’m not 100% on it

If you were off today and yesterday then you have to be paid your normal weeks wages, even though you weren’t working.
In other words you’ve enjoyed 2 days off with full pay.
Forget about the double pay, that’s for people who worked on the two days.

TippCashel

splinter65 wrote: »

If you were off today and yesterday then you have to be paid your normal weeks wages, even though you weren’t working.
In other words you’ve enjoyed 2 days off with full pay.
Forget about the double pay, that’s for people who worked on the two days.

Hey splinter

I know I get paid for it. I posed a screenshot in my OP about what is actually occurring.

If I don’t want to work a public holiday (that a work day falls on) I have to take annual leave.. but get double pay for it.

Should things be like that? It feels weird and the post above that I quoted earlier is what’s getting to me.. I have 20 days - so if I am scheduled for 9 public holidays but don’t work then, I’ll only have 11 annual leave days left.. it makes no sense

splinter65

I don’t know if they’re open tomorrow, but you can ringing employment rights 1890808090. They will give you a better explanation of public holiday entitlement in Ireland.
It seems like they’ve done their own thing by making you take a days A/L but then making it right by paying you double time for the day. That’s cool, but ER will tell you if that’s acceptable or not. It seems unnecessarily complex.
When you ring don’t follow any of the prompts just hold on till you speak to someone .

TippCashel

TippCashel wrote: »

Hey splinter

I know I get paid for it. I posed a screenshot in my OP about what is actually occurring.

If I don’t want to work a public holiday (that a work day falls on) I have to take annual leave.. but get double pay for it.

Should things be like that? It feels weird and the post above that I quoted earlier is what’s getting to me.. I have 20 days - so if I am scheduled for 9 public holidays but don’t work then, I’ll only have 11 annual leave days left.. it makes no sense

As long as you are getting paid for it it might be legal.
How do you feel about it OP?
Would you rather have the extra days or the extra pay?

There is a big difference between 20 days over the year + cash vs 20 days + 9 public holidays.

Are there many in your situation?

TippCashel

Deleted User wrote: »

As long as you are getting paid for it it might be legal.
How do you feel about it OP?
Would you rather have the extra days or the extra pay?

There is a big difference between 20 days over the year + cash vs 20 days + 9 public holidays.

Are there many in your situation?

Thanks for the response

I hate it personally. I'd rather have the extra days hol 100% and just get the normal pay for not working a bank hol then.

This wasn't the case for bank hols earlier in the year, so I was fairly upset over it.

I honestly think it's the Americans (HR not coming here till next week) thinking that they are doing us some sort of a favour by doing it this way... (now you get double pay even for not working!!)...

There's 3 people in my situation. One of them is the same as me...finds it needlessly complicated. The other person wouldn't say anything negative about it even if he disagrees.. He'll still say it's a 'great idea' and the 'right way to do things', just to appease management in the US.. It's embarrassing.

TippCashel

Sorry to follow up on this again.

This is what the contract of employment says; so it definitely does cover the company the way they've worked it?



Just to explain again.

I work Tuesday to Saturday 9-5. My role is 365 days a year. I took Christmas Day off (other people still worked it)

In taking Christmas Day off, I still got paid my normal wage and had to take a day of annual leave on top of that then.

wench

There are four options for an employer to meet the public holiday entitlement.
It doesn't have to be a paid day off, the additional day's pay they provide seems to cover them.

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

TippCashel

wench wrote: »

There are four options for an employer to meet the public holiday entitlement.
It doesn't have to be a paid day off, the additional day's pay they provide seems to cover them.

Thanks Wench

The annoyance for me was having to take an annual leave day even though it's a Bank Hol. So even though I'm getting the bank hol pay, and my Annual Leave pay, it's annoying having a take a 'holiday' on Christmas Day when this wasn't the case half way during the year if working a bank hol.

splinter65

TippCashel wrote: »

Thanks Wench

The annoyance for me was having to take an annual leave day even though it's a Bank Hol. So even though I'm getting the bank hol pay, and my Annual Leave pay, it's annoying having a take a 'holiday' on Christmas Day when this wasn't the case half way during the year if working a bank hol.

When you rang employment rights what did they say?

TippCashel

splinter65 wrote: »

When you rang employment rights what did they say?

Hiya - I didn't contact them in the end on it just from going on the advice in the thread. Think it would be worth asking them? Seems like I can't do anything about it

splinter65

TippCashel wrote: »

Hiya - I didn't contact them in the end on it just from going on the advice in the thread. Think it would be worth asking them? Seems like I can't do anything about it

It’s not going to cost you anything to ring them. They are the experts. They don’t charge anything. I first gave you the number 2 weeks ago and it’s been bothering you ever since. Just give them a ring there and come back and tell us what they say. Don’t press any buttons when you get through. Just stay on the line till you speak to someone.