Dáil Éireann Debate, Tuesday - 24 February 2004
192 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment if a 24 hour a week, part time worker, who does not work on a Monday is entitled to 12 hours paid leave on the May Bank holiday. [5617/04]
View answerThe Organisation of Working time Act 1997 provides that a part-time employee must have worked at least 40 hours during the period of five weeks ending on the day before a public holiday to have an entitlement in respect of that public holiday.
Regulation No. 5(2)(a) of the Organisation of Working Time (Determination of Pay for Holidays) Regulations 1997-S.I. No. 475 of 1997 sets out the entitlement in respect of a public holiday of an employee who is not a piece employee and who does not work on a day which is a public holiday. Generally, such an employee shall be entitled to be paid a sum that is equal to one-fifth of the sum, including any regular bonus or allowance the amount of which does not vary in relation to the work done by the employee but excluding any pay for overtime, paid in respect of the normal weekly hours last worked by the employee before that public holiday.
Regulation 5(2)(b) of the regulations sets out the entitlement in respect of a public holiday of a piece employee who does not work on a day which is a public holiday. In such circumstances, the employee shall generally be entitled to be paid a sum that is equal to one-fifth of the average weekly pay, excluding any pay for overtime, calculated over: (i) the period of 13 weeks ending immediately before that public holiday, or (ii) if no time was worked by the employee during that period, the period of 13 weeks ending on the day on which time was last worked by the employee before that public holiday.
