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Dáil Éireann debate -
Tuesday, 9 Nov 1999

Vol. 510 No. 3

Written Answers. - Statutory Holiday Leave.

Theresa Ahearn

Question:

106 Mrs. T. Ahearn asked the Tánaiste and Minister for Enterprise, Trade and Employment when statutory holiday leave was introduced for part-time workers; the relevant information in this regard; and if she will make a statement on the matter. [22160/99]

With effect from 6 April 1991, the Worker Protection (Regular Part-Time Employees) Act, 1991, extended to regular part-time employees, on a modified basis, the benefits of the Holidays (Employees) Act, 1973. Under the 1991 Act, regular part-time employees were defined as those who were in the continuous employment of the employer for not less than 13 weeks and who were normally expected to work not less than eight hours a week and who, but for this legislation, would not have an entitlement to annual leave. Such employees were entitled to paid leave at the rate of six hours for every 100 hours worked, and proportionately less where fewer hours were worked. All part-time employees also became entitled to public holidays on the same basis as full-time employees.

With effect from 30 September 1997 certain sections of the Organisation of Working Time Act, 1997, which repeals the Holidays (Employees) Act, 1973, and section 4 of the Worker Protection (Regular Part-Time) Employees Act, 1991, became law. In their stead, the Organisation of Working Time Act, 1997, now provides legally enforceable entitlements for all employees to both annual leave and public holidays. In the case, however, of part-time-casual employees, it is necessary that they should have worked at least 40 hours in the five weeks ending on the day before the public holiday in order to qualify for public holiday benefit.

An individual who wishes to inquire as to his or her rights to annual leave or, indeed, under other employment rights legislation, can contact the employment rights information unit in my Department at (01) 6313131 or locall 1890 220222.
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