Holiday Entitlements of Employees

Despite tremendous opposition from interested groups the Organisation of Working Time Act 1997 became law in Ireland. The act repeals the Holiday (Employee) Act 1973 in so far as the holiday entitlement of employees is concerned.

The new holiday provisions in the Act are as follows:

Annual Leave

An employee is now entitled to a minimum of 20 days annual leave. Such entitlement is calculated on the basis of the number of hours worked in a leave year, i.e. an employee who works for at least 1,365 hours is entitled to at least 20 days leave. Although the leave year is defined in the Act as 'a year beginning on any 1st day of April', the practice is to use the calendar year.

Before the Act came into force an employer did not have to consider his employee needs in scheduling holidays. Now the Act places an obligation on an employer to have regard to the need for an employee to reconcile his work and family responsibilities and give him the opportunity to have rest and recreation.

An employee is entitled to an unbroken period of two weeks leave provided he has worked for eight or more months in a leave year. He is not entitled to take any more than two weeks at any one time.

Part time employees are entitled to annual leave calculated according to whichever is the greater:

Either

• Annual leave equal to 8% of the hours worked in a leave year ( subject to a maximum of four working weeks )

OR

• Annual leave equal to one third of a working week per month in which the employee has worked at least 117 hours.

Compensation

It is illegal for an employer to pay an employee in lieu of holidays unless that employee is leaving his employment.

If an employee is ill during his holidays and he gives his employer a medical certificate, then his sick days as certified are not treated as part of his annual leave.

Employees are entitled to public holidays. If an employee is obliged to work he is entitled to any one of the following:

• A paid day off within the month in which the public holiday falls

• An additional day of annual leave

• An additional day's pay

In order for part time employees to be entitled to a day off on a public holiday or any of the three entitlements above, he must have worked for his employer for at least 40 hours during the period of five weeks ending on the day before the public holiday.

Garda Siochana or the Defence Forces

The Act does not apply to members of the Garda Siochana or the Defence Forces.

Safeguards for the Employee

An employee can complain to a Rights Commissioner if he feels that his employer is not complying with the provisions of the Act. If either the employer or employee is unhappy with the decision of the Rights Commissioner he can appeal to the labour Court. If either party fails to comply with the judgement of the Labour Court the other can bring the matter before the Circuit Court.

Representatives of employers and employees have welcomed the 1997 Act. It is hoped that the Act will lead to a more productive work relationship, a reduction in incidence of stress, ill health and accidents in the workplace. It enables all the participants to regulate the working environment thereby promoting economic efficiency and social progress.