Section 19 of the Organisation of Working Time Act 1997 provides that an employee's annual leave entitlement is calculated as follows:
(a) 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment), or
(b) one-third of a working week for each month in the leave year in which he or she works at least 117 hours, or
(c) 8 per cent of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks).
The employee can avail of the method which is most favourable to him or her of the above three methods.
If, as indicated by the Deputy, the employee has changed employment during the leave year, he or she would be entitled to annual leave as provided for at (b) or (c) above. The balance of annual leave owing to him or her during the leave year would fall to be given to him or her by the second employer in respect of his or her service with the second employer. The maximum annual leave entitlement of an employee who changes employment during a leave year is 4 working weeks between both employers.
In addition to annual leave, there are nine public holidays per year as follows:
1. New Years Day (January 1),
2. St. Patrick's Day (March 17),
3. Easter Monday,
4. The first Monday in May,
5. The first Monday in June,
6. The first Monday in August,
7. The last Monday in October,
8. Christmas Day (December 25), and
9. St. Stephen's Day (December 26)
Employees, other than part-time employees, have an immediate entitlement to public holiday benefits. Part-time employees must have worked at least 40 hours in the 5 weeks ending on the day before the public holiday to qualify for public holiday benefit.
In respect of a public holiday, an employee is entitled to whichever of the following his or her employer determines:
(a) a paid day off on that day
(b) a paid day off within a month of that day
(c) an additional day of annual leave
(d) an additional day's pay.
Any disputes between an employee and employer in relation to annual leave and public holiday entitlement may be referred to a Rights Commissioner for decision under the 1997 Act.