Annual Leave
Employee’s entitlement to paid holidays is set out in legislation and in a contract of employment. Most employees are entitled to 4 weeks annual leave (the employee who has worked at least 1,365 hours in the leave year). It is an employer who determines the time of your leave, but must take into account your family responsibilities and opportunities for rest and recreation.
Public Holidays
- 1st January (New Year's Day)
- 17th March (St. Patrick's Day)
- Easter Monday
- 1st Monday in May
- 1st Monday in June
- 1st Monday in August
- the last Monday in October
- 25th December (Christmas Day)
- 26th December (St. Stephen's Day)
Good Friday and Christmas Eve are not public holidays although many employers choice to close for theses days without employees having to use a days annual leave.
Most employees are entitled to paid leave on public holidays (except part-time employees who haven’t worked at least 40 hours in 5 weeks before public holidays.)
If the public holiday falls on the day you normally work you are entitled to:
a) A paid day off on the holiday
b) A paid day off within a month
c) An extra day’s pay
d) An extra day’s annual leave
Where the public holiday falls on a day on which the employee does not normally work, the employee is entitled to one fifth of his/her normal weekly wage for the public holiday.
If you are asked to work on the day of public holiday you are entitled to:
a) An additional day’s pay
b) A paid day off within a month of the day
c) An additional day of paid annual leave
Maternity Leave
Maternity BenefitDepartment of Social and Family Affairs). Employers are not obliged to pay you on maternity leave; this depends on the terms of your employment contract. You must give your employer at least 4 weeks written notice before the maternity leave starts. You are entitled to leave for any public holidays during your maternity/ parental leave; also annual leave continuous as normal and may be taken at a later time. (From 1st March 2007 a pregnant employee is entitled to 26 weeks maternity leave together with 16 weeks additional unpaid parental leave. At least 2 weeks and not more than 16 weeks leave must be taken before the end of the week in which your baby is due. You may qualify for
You may take reasonable time off for medical visits connected with the pregnancy. There is no maximum or minimum amount of time off specified for these visits. You just have to inform your employer at least 2 weeks before the appointment, and you are entitled to this time off without loss of pay.
Redundancy
Redundancy occurs due to circumstances such as a reduction of staff, financial position of the firm or the closure of the business. It means your job ceases to exist and you are not replaced. You should get written notice from your employer at least 2 weeks before (or depends on the terms agreed in your contract or on the period of service). You are entitled to paid time off to look for a new job. You may give your employer notice that you wish to leave before the end of your notice period (by completing form RP6 and giving to your employer).Your employer has discretion as to whether to grant your request or not.
If you get an offer of alternative workyou are entitled to full information concerning the details of the offer.
If you think you have been unfairly dismissed, you will require 1 year's continuous service to bring a claim under the legislation.
The legislation covers dismissals due to:
- Taking part in a strike or industrial action
- Membership, proposed membership or someone else's proposed membership of a trade union or for engaging in trade union activities within permitted times during work or outside of working hours
- Religious or political opinions
- Civil or criminal proceedings, actual, threatened or proposed against your employer either where you are a party to the proceedings or a potential witness
- Your race, colour or sexual orientation
- Your age or membership of the Traveller community
- Your pregnancy, giving birth or breastfeeding or any matters connected therewith
- Exercising, or proposing to exercise, rights under the Adoptive Leave Act, 1995
- Exercising, or proposing to exercise, rights under the Parental Leave Act, 1998
- Exercising, or proposing to exercise, rights under the National Minimum Wage Act, 2000 Unfair selection for redundancy
- Exercising, or proposing to exercise, rights under the Maternity Protection Act 1994
- Exercising, or proposing to exercise rights under the Carer’s Leave Act, 2001
Sick Leave
In general employees are not entitled to pay during their sick leaveunless it is so provided in their contract of employment. If you are sick for more than 3 days your employer will probably require a medical certificate from your GP or family doctor.
You are entitled to get paid days off if you missed public holidays (part-time workers have to work for the employer at least 40 hours in the previous 5 week period to be entitled). If you are ill during your annual leave and you have a medical certificate for these days, instead you can spend days of annual leave later.
Hospital appointments are not automatically paid by your employer; however some employers will pay their employees while they attend hospital appointments. You are entitled to take your time off work for a hospital appointment but medical certificate is required by most employers. Your employer can’t force you to take annual leave for a medical appointment.