Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Shutterstock/Africa Studio

Explainer: What does Ireland's new public holiday actually mean for workers and employers?

For the vast bulk of workers within the State, a new public holiday will entitle them to an extra day’s paid leave.

AT LONG LAST, the Government has unveiled its highly anticipated plans for a new national public holiday.

Starting this year, Irish workers will have an extra day’s paid leave, bringing to 10 the total number of bank holidays in the calendar year.

For this year only, it will fall on Friday, 18 March — the day after St Patrick’s Day, which is also a public holiday, effectively creating a once-off “a mini Easter break”, as Neil McDonnell, chief executive of small firms group ISME, put it recently.

This holiday is being designated “in recognition of the efforts of the general public, volunteers and all workers during the Covid-19 pandemic, and in remembrance of people who lost their lives due to the COVID-19 pandemic”, the Government said in a statement yesterday.

From 2023 on, however, there will be a new annual public holiday at the start of February to mark St Brigid’s Day, also the traditional Gaelic festival of Imbolc/Imbolg. 

This will fall on the first Monday of every February from 2023 on, except where St Brigid’s day happens to fall on a Friday. In that case, the holiday will fall on a Friday.

Those are the details but does an extra bank holiday actually mean for workers and employers? Who’s entitled to what and how prepared are employers for the changes? Let’s take a look.

Hang on, first of all, what’s the difference between a bank and a public holiday?

For the purposes of what we’re talking about, nothing, really.

They’re effectively the same thing.

Technically, bank holidays are days on which banks are closed that are not necessarily nationally observed holidays — like Good Friday, for example. But let’s keep it simple.

Right. So what am I actually entitled to?

It all depends. 

But for the vast bulk of workers within the State, a new public holiday will entitle them to an additional day’s paid leave.

That applies to both public and private sector employees.

For part-time workers, it’s a little different. They’re only entitled to the full day’s paid leave if they have worked for their employer for 40 hours in the five weeks before the public holiday and if the holiday falls on a day they would normally work.

If it does not fall on a day they wouldn’t normally work — in other words, if they were off work that day regardless — they’re still entitled to benefit from the holiday to the tune of one-fifth of their weekly pay.

Does it mean that all businesses have to close?

No, there is no requirement for businesses to shut up shop on a bank holiday.

That means that many workers do have to work on the day question.

What if I have to work the bank holiday?

Well, if your employer cannot facilitate a paid day off on the actual date of the public holiday, for whatever reason, full-time workers are entitled to one of the following:

  • a paid day off within a month of that day, or
  • an additional day of annual leave, or
  • an additional day’s pay.

This applies regardless of the amount of time you work on a bank holiday — even if you’re generously compensated for that time.

So, for example, even if your employer pays you time-and-a-half or double pay for a half day’s work on a bank holiday, you’re still entitled to the above, according to the Organisation of Working Time Act 1997.

The Act also states that you can ask your employer which one of the above options will apply at least 21 days before the holiday itself. If they don’t reply for some reason, you’re entitled to take the day itself off and receive a full day’s pay as normal.

What if my employer refuses?

The answer to this is fairly cut and dry, employment law solicitor Richard Grogan told The Journal.

If your employer refuses to give you a day off in lieu of the bank holiday or an additional day’s leave, “In those circumstances, it’s a claim to the Workplace Relations Commission (WRC) under the Organisation of Working Time Act,” he said.

If your employer refuses the pay you’re entitled to, you could bring a claim to the WRC under the Payment of Wages Act 1991.

He explained, “But if you do bring a claim under the Act, it would simply be for that day’s pay.

“But if you bring it Under the Organization of Working Time Act, then the WRC can award compensation of up to two years’ salary.”

What if a bank holiday falls on a weekend?

Again, you’re still entitled to the above — although, obviously, this is only an issue with certain bank holidays: Christmas, Stephen’s Day, New Year’s Day and Paddy’s Day. 

But if, for example, Christmas Day falls on a Saturday and you’re scheduled to be in work the following Monday, you’re not automatically entitled to have that day off. 

You are, however, entitled to a paid day off within a month of that day, an additional day of annual leave or an additional day’s pay.

Who’s in favour of having a new bank holiday and why?

Who isn’t, is probably an easier question to answer.

Tourism and hospitality are delighted with it, for example.

Naturally, trade unions are also very happy. They have long argued that Irish workers enjoy fewer bank holidays than many of our European neighbours.

Speaking to The Journal today, Dr Laura Bambrick, Head of Social Policy at the Irish Congress of Trade Unions, said, “The EU27 average is 12 days. After yesterday announcement, workers in Ireland will have 10 public holidays.

“The holiday gap is even wider when regional and municipal days are included. Many European countries have days off for a saint associated with a region.”

She added, “Unionised workers in the EU get public holidays that fall on a weekend back as part of their employment terms and conditions. Irish bosses aren’t obliged to negotiate with unions, so workers need their public day entitlement protected in law.”

Public sector trade union Fórsa welcomed the Government’s decision yesterday, saying it was positive that the additional public holiday was not a one-off gesture.

Is anyone against the new public holiday?

Well not against it, per se — but there are one or two question marks hanging over it, as Richard Grogan explained.

“No one has asked how SMEs are going to pay for it this year,” he said.

“I’m not trying to be critical of the extra day. It’s a very good idea. But it makes no difference to the civil service or the Government — they’re going to get paid automatically.

“But an awful lot of businesses at the present time have limited resources.”

Speaking on RTÉ Radio 1′s Today programme with Claire Byrne last week, Neil McDonnell, chief executive of small firms group ISME, broadly welcomed the additional bank holiday and said it makes sense, given Ireland is so far below the European average for public holidays.

However, he said the 18 March holiday this year will pose problems for many businesses.

“It will present staffing, cost and other difficulties for a lot of small businesses around the place now because we’re only seven or eight weeks out for it now.”

So give me the full list of bank holidays.

  • New Year’s Day (1st January)
  • From 2023, St Brigid’s Day (the first Monday of every February except when Brigid’s Day falls on a Friday)
  • St. Patrick’s Day (17th March)
  • Friday, 18 March (2022 only)
  • Easter Monday (date changes year to year)
  • May Bank Holiday (the first Monday in May)
  • June Bank Holiday (the first Monday in June)
  • August Bank Holiday (the first Monday in August )
  • October Bank Holiday (the last Monday in October)
  • Christmas Day (25th December)
  • St Stephen’s Day (26th December).

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

View 20 comments
Close
20 Comments
This is YOUR comments community. Stay civil, stay constructive, stay on topic. Please familiarise yourself with our comments policy here before taking part.
Leave a Comment
    Install the app to use these features.
    Mute lelookcoco
    Favourite lelookcoco
    Report
    Jan 20th 2022, 4:16 PM

    I don’t believe you’re correct saying a bank holiday and public holiday is the same. Case in point is Good Friday which is a bank holiday but not a public holiday.

    97
    Install the app to use these features.
    Mute Paul Walsh
    Favourite Paul Walsh
    Report
    Jan 20th 2022, 4:45 PM
    47
    Install the app to use these features.
    Mute Alison Kennedy
    Favourite Alison Kennedy
    Report
    Jan 20th 2022, 5:31 PM

    @lelookcoco: good Friday is a church holiday not bank holiday. I never get this off

    20
    See 2 more replies ▾
    Install the app to use these features.
    Mute lelookcoco
    Favourite lelookcoco
    Report
    Jan 20th 2022, 8:45 PM

    @Paul Walsh: Thanks Paul. This confirms my original post. Good Friday is not a public holiday as I said but the banks are closed as it’s a bank holiday. Keep up man…

    6
    Install the app to use these features.
    Mute lelookcoco
    Favourite lelookcoco
    Report
    Jan 20th 2022, 8:55 PM

    @Alison Kennedy: A common misunderstanding as we approach Easter is that Good Friday is a public holiday; Good Friday is a bank holiday but it is NOT a public holiday in Ireland. Banks are closed on Good Friday and many businesses also close, but as it is not a public holiday there is no entitlement to Public Holiday pay for this day.

    6
    Install the app to use these features.
    Mute Stephen Nix
    Favourite Stephen Nix
    Report
    Jan 20th 2022, 4:10 PM

    it means that bar workers who will have to deal with the madness of St patricks day will have to deal with the same mess again the day after.
    can we have just 1 day a year where EVERYTHING closes. we used to have 2. now we only have 1. wont be long before hospitality and retail staff are expected to work on Christmas day as well.

    97
    Install the app to use these features.
    Mute Vonvonic
    Favourite Vonvonic
    Report
    Jan 20th 2022, 4:18 PM

    @Stephen Nix: No. The machine must run incessantly. Otherwise the sky might fall down on top of our heads.
    Is that what you want Stephen?
    Unbelievable.

    29
    Install the app to use these features.
    Mute Mike Dé Vere
    Favourite Mike Dé Vere
    Report
    Jan 20th 2022, 5:45 PM

    @Stephen Nix: We had that once. It was called Good Friday.

    18
    See 2 more replies ▾
    Install the app to use these features.
    Mute EvieXVI
    Favourite EvieXVI
    Report
    Jan 20th 2022, 5:53 PM

    @Stephen Nix: lots of people work Christmas Day. Every year. Hospitals don’t close, nursing homes don’t close. Gardai, emergency services, etc. are all working. There can never be a day off for everyone.

    26
    Install the app to use these features.
    Mute Sean Minihane
    Favourite Sean Minihane
    Report
    Jan 20th 2022, 6:12 PM

    @Stephen Nix: Geez, was all the time off the bar workers had for the last two years not enough! Hard to believe after what the pubs have gone through you have someone complaining about having to do a bit of extra work.

    41
    Install the app to use these features.
    Mute Joe Byrne
    Favourite Joe Byrne
    Report
    Jan 20th 2022, 4:33 PM

    No help or compensation for the employer. It’s easy give away someone else’s money. Just saying.

    90
    Install the app to use these features.
    Mute Sean Higgins
    Favourite Sean Higgins
    Report
    Jan 20th 2022, 5:02 PM

    @Joe Byrne: Good point.

    18
    Install the app to use these features.
    Mute brendan o connell
    Favourite brendan o connell
    Report
    Jan 20th 2022, 4:54 PM

    Tis a great little country , another day off and an extra 1000 euro for people doing their job, no worries the private sector will foot the bill as usual, not long ago Michael Noonan raided the private sector pension to pay for the public sector to keep working as he wouldn’t touch the public sector pension.tis a great little country indeed.

    83
    Install the app to use these features.
    Mute Tom Walsh
    Favourite Tom Walsh
    Report
    Jan 20th 2022, 4:41 PM

    There is a difference between a bank holiday and a Public holiday. The clue is in the name. Only bank employees have an automatic right to a bank holiday

    21
    Install the app to use these features.
    Mute lelookcoco
    Favourite lelookcoco
    Report
    Jan 20th 2022, 8:47 PM

    @Tom Walsh: Exactly. Ergo they are not the same.

    3
    Install the app to use these features.
    Mute ismiseleo
    Favourite ismiseleo
    Report
    Jan 20th 2022, 5:16 PM

    “This will fall on the first Monday of every February from 2023 on, except where St Brigid’s day happens to fall on a Friday. In that case, the holiday will fall on a Friday.”

    Ehm… OK!

    15
    Install the app to use these features.
    Mute Darren
    Favourite Darren
    Report
    Jan 20th 2022, 5:37 PM

    @ismiseleo: I thought the same. Why the hell do they have to complicate the little things?

    25
    Install the app to use these features.
    Mute Mick Staines
    Favourite Mick Staines
    Report
    Jan 20th 2022, 9:45 PM

    So 2 days of drinking so A&E can go over capacity. Seems like a kick in the teeth for A&E staff.

    7
    Install the app to use these features.
    Mute John O Connor
    Favourite John O Connor
    Report
    Jan 20th 2022, 5:20 PM

    Yes the people who’s working lives were most disrupted will be kissing our asses on the bank holiday.

    5
    Install the app to use these features.
    Mute Soeren Kuehling
    Favourite Soeren Kuehling
    Report
    Jan 21st 2022, 2:27 PM

    35 days off per year…and nowhere to go unless everyone opens their borders again

    1
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.

Leave a commentcancel

 
JournalTv
News in 60 seconds