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Annual leave for public holiday HSE

  • 12-12-2022 3:30pm
    #1
    Registered Users Posts: 18


    Am entitled to 3 annual leave days due to public holidays. My boss wants me to take them as 3 hours here and 4 hours there. I want to take them as full days on days agreeable to both of us. Can my boss force me to take them in this matter or what are my rights please?

    Post edited by Neyite on


Answers

  • Administrators, Politics Moderators, Society & Culture Moderators Posts: 25,947 Admin ✭✭✭✭✭Neyite


    Hi Lorraine, I've moved your question to the correct forum. 😊



  • Registered Users Posts: 25,517 ✭✭✭✭Mrs OBumble


    Your employer decides when you may take annual leave.

    After a certain amount of service you must get two weeks continuous in the year. And your employer must consider your needs. But bottom line, it's their call.



  • Registered Users Posts: 4,866 ✭✭✭Augme


    Couldn't find a definitive answer but I would be very surprised if an employer is allowed to only give half day annual leave. Get onto your Union.



  • Registered Users Posts: 251 ✭✭P2C


    you would not get annul leave for a public holiday. You would get a day of or 3 in your case in lieu of the public holidays you worked. The guidance says a day of in lieu. I would ask your manger to send on the public holiday leave circular as you want to see what your entitlements are for that leave. If your using myself service all leave is broken down in hrs and you can use and take a couple of hrs of AL, Parental L by the hour. I suppose it can be facilitated. The end of the day you are obliging the employer by covering the public holidays so vice versa they should oblige you



  • Registered Users Posts: 33,363 ✭✭✭✭Hotblack Desiato
    Golgafrinchan 'B' Ark


    Bull

    An entitlement to a day off is an entitlement to a day off, not two half days.

    Here's what you could have won.



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  • Registered Users Posts: 23,630 ✭✭✭✭Larbre34


    Absolutely not.

    Put it this way; you couldn't apply for Annual Leave broken down into hours, so he or she cannot direct you to take it as such either.

    Legitimate Annual Leave is available in full or half days off. Same with flexi leave, where applicable.

    The only time off which can be taken by the hour, is approved time-in-lieu.

    Tell your line manager that and also that if they insist on continuing to make up conditions of no validity, you'll bring a formal grievance with the support of your Union.



  • Registered Users Posts: 3,730 ✭✭✭C3PO




  • Registered Users Posts: 533 ✭✭✭AnRothar


    does your unit have some local agreement on TiL (Time in Lieu) time?



  • Registered Users Posts: 25,517 ✭✭✭✭Mrs OBumble


    Can you link to any laws which say that leave can only be taken in day of half-day increments?

    I've worked in places where it was managed on a by-the-hour basis: most people applied for 4 or 8 hours at a time, but there was nothing to force that.

    Its not right to say that because one part of the HSE does it in a certain way,vyhey all do. Between the different regions, hospital vs community are divisions etc, there is almost every policy under the sun in there somewhere.

    Bottom line is that managers approve when leave is taken, subject to certain laws.



  • Registered Users Posts: 23,630 ✭✭✭✭Larbre34


    Its not in any law, its in the conditions of contract for the job and in any sectoral or workplace agreements between that branch of the public sector and the respective Unions.



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  • Registered Users Posts: 18 lorraine 2


    Thanks all for the advice. Was told they have a right to do this but up until now it was never implemented. Pressure is on, due to staffing situation.



  • Registered Users Posts: 23,630 ✭✭✭✭Larbre34


    I wouldn't just accept that at face value.

    Short staffing is no excuse not to allow for reasonable leave taking by staff who are already working over and above.

    If they keep that up people will just burn out and they'll have a massive sick-out, real and fake alike.



  • Registered Users Posts: 25,517 ✭✭✭✭Mrs OBumble


    I'm impressed that you know know the specific details of the agreements which apply, despite not knowing the location or division of the employee. The HSE is literally huge, with vast differences between places and occupations.

    Agree that consulting the union is advised.



  • Registered Users Posts: 23,630 ✭✭✭✭Larbre34


    Because I worked in the public sector previously.

    Everything is in an agreement from some era. Even my car parking was.



  • Registered Users Posts: 11,758 ✭✭✭✭BattleCorp


    I'd agree with this post although I'd try reason with the Manager before I'd threaten a formal grievance procedure. Once you go down the formal grievance procedure route you risk souring your relationship with your Manager. That said, I honestly don't know if the Manager has the power to issue this instruction eitherways and I can't find an answer in any of the documentation that I've looked at. In the absence of clear guidance, I'd ring HR and ask if this is allowed. I know services are under pressure but I think it's unfair for your Manager to ask you to do this.

    If your talks with your Manager are unsuccessful, and you feel strongly about it, then I'd go down the formal grievance procedure.

    Employees are supported to understand HR processes and in doing so build relationships throughout the HSE's growing HR organisation. For further information please telephone 1800 444 925 each day from 8.00 am to 5 pm or by email: [email protected].

    Two half days off is absolutely not the same as one full day off. You'll have to get up out of bed to go to work two days instead of one and if you work 5 days, then your transport costs have increased 20% because you have to come into work for an extra day.

    Let us know how you get on.



  • Registered Users Posts: 11,758 ✭✭✭✭BattleCorp


    Either the Manager has the power to compel the OP to take their day off over two days or they don't. It shouldn't matter how big the HSE is. It's either a legal instruction or it isn't...................or it's covered in some HSE guidelines somewhere that I can't find.

    My thinking is that they don't have the power to compel the OP to take their time off over two days but that's my personal thinking rather than being able to find evidence that they can or can't do this.

    I do note that everything I've read says 'a day off' and not 'a day off spread across two days'.

    Agreed on the getting advice from the Union.



  • Registered Users Posts: 43 dat6


    https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html#le5de9

    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

    You can ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer does not respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.

    Your public holiday entitlements are set out in the Organisation of Working Time Act 1997. You can also read about the appropriate rate of daily pay in the Organisation of Working Time (Determination of Pay For Holidays) Regulations (SI 475/1997).

    -

    Just bare in mind, there may be exceptions to the OWTA for healthcare workers, so read up on this



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