Seán Ryan
Question:80 Mr. Ryan asked the Minister for Labour if he will outline in respect of part-time workers (a) their statutory holiday entitlements and (b) their bank holiday entitlements.
Written Answers. - Part Time Workers' Entitlements.
I presume that the Deputy is referring to regular part time employees covered by the Workers Protection (Regular Part-Time Employees) Act, 1991. This Act extends to regular part time employees, on a modified basis, with effect from 6 April 1991, the benefits of the Holidays (Employees) Act, 1973, which governs both annual leave and public holiday entitlements.
For the purposes of the Worker Protection (Regular Part-Time Employees) Act, 1991, a regular part time employee is an employee who has been in the continuous service of the same employer for not less than 13 weeks, is normally expected to work at least eight hours per week and who prior to the enactment of the 1991 Act was excluded by the operation of thresholds from a range of protective legislation.
In relation to annual leave, the Act of 1991 provides entitlement for a regular part time employee to six hours' paid leave for every 100 hours worked and to proportionately less where fewer hours are worked.
Where a regular part time employee has eight or more months' service, he/she is entitled to an unbroken period of annual leave equivalent to (i) the leave entitlement earned over the first eight months of service or of the appropriate leave year or (ii) two thirds of the total leave entitlement earned in the first year of service or in the appropriate leave year. The entitlement to an unbroken period of annual leave is subject to the terms of any registered employment agreement, employment regulation order or agreement with the employee's trade union.
In relation to public holidays the Act of 1991 extends to regular part time employees entitlement to the eight public holidays provided under the Holidays (Employees) Act, 1973. The 1973 Act provides that in respect of each public holiday, an employee is entitled to: a paid day off on that day, or a paid day off within a month, or an extra day's annual leave or an extra day's pay, as the employer may decide.