Bank Holiday Pay

25 September 2020

In Ireland, there are nine bank holidays annually. They’re also called public holidays. For your business, it’s a time when your employees aren’t likely to be working.

But they’ll still have expectations for holiday pay.

In fact, you may wonder whether you need to make bank holiday payments to your staff on the likes of Saint Patrick’s Day (17th March).

So, to help you understand your employees’ rights, this guide explains how to apply bank holiday pay in Ireland.

Employee pay entitlements for bank holidays

Your full-time staff members have an entitlement to be paid for bank holidays—so long as they qualify for public holiday entitlement.

If they do, then they have the legal right to bank holidays Ireland pay rates. As well as:

  • A day off with pay.
  • An extra day of annual leave.
  • An extra day of pay.

Employees should ask you within 21 days of the bank holiday which one applies. You must respond within 14 days of the holiday.

Otherwise, the member of staff will take the time off as a bank holiday with pay.

Your staff’s entitlement to the time off is legislated by the Organisation of Working Time Act 1997.

If bank holiday falls on a day where your business is closed, then you should look to pay them at their normal rate.

Explaining the bank holiday double pay law

The Organisation of Working Time (Determination of Pay For Holidays) Regulations (SI 475/1997) sets the standard for pay on bank holidays in Ireland.

There isn’t a “double pay law” as such, other than that if your employee works on a bank holiday, then you need to provide an extra day of wages for them.

Bank holiday pay for part-time employees

For part time bank holiday entitlement, the situation is a bit different for staff who aren’t full-time.

Part-time employees who haven’t worked 40 hours for you in the last five weeks are exempt.

If they have done this, they normally have entitlement to pay. However, if you expect them to work on this day, they must also receive an extra day’s wage.

In terms of how to calculate bank holiday pay for part-time workers, staff should receive one fifth of their normal weekly wage. And that includes if an employee is set to work on a public holiday.

If an individual is working different hours each week, it does make things more difficult.

But you must still pay them a certain amount—so, if a part-time member of staff earns €300 for working Monday to Wednesday, they’ll have entitlement to €60 extra during a bank holiday week.

So, bank holiday pay, part-time, is a bit trickier than for full-time employees. But if you follow the above advice you’ll know the amount they’re due.

Maternity leave and bank holiday pay

You must treat staff as if they’re in employment while they’re off on maternity leave. So, they accrue holiday days—just like your other employees.

This does mean they’re able to claim public holidays, as and when they occur during the course of a working year.

Refusal to allow the additional maternity leave or bank holiday pay will be seen as maternity discrimination.

Bank holiday pay for agency workers

Under the EU Directive on Temporary Agency Work 2008/104/EC, all temporary agency workers must receive equal treatment as full and part-time staff. As a result, you should treat this as a fully paid day.

That includes with the standard daily breaks, any night work, and annual leave. Of course, this also includes public holidays and the right to pay.

The Protection of Employees (Temporary Agency Work) Act 2012 exists to enforce these Irish employment laws, so you should make sure you respect their rights.

If you need our assistance on employees’ annual leave pay rights, get in touch for immediate support: 1890 252 923.

In Ireland, there are nine bank holidays annually. They’re also called public holidays. For your business, it’s a time when your employees aren’t likely to be working.

But they’ll still have expectations for holiday pay.

In fact, you may wonder whether you need to make bank holiday payments to your staff on the likes of Saint Patrick’s Day (17th March).

So, to help you understand your employees’ rights, this guide explains how to apply bank holiday pay in Ireland.

: Employee pay entitlements for bank holidays

Your full-time staff members have an entitlement to be paid for bank holidays—so long as they qualify for public holiday entitlement.

If they do, then they have the legal right to bank holidays Ireland pay rates. As well as:

  • A day off with pay.
  • An extra day of annual leave.
  • An extra day of pay.

Employees should ask you within 21 days of the bank holiday which one applies. You must respond within 14 days of the holiday.

Otherwise, the member of staff will take the time off as a bank holiday with pay.

Your staff’s entitlement to the time off is legislated by the Organisation of Working Time Act 1997.

If bank holiday falls on a day where your business is closed, then you should look to pay them at their normal rate.

Explaining the bank holiday double pay law

The Organisation of Working Time (Determination of Pay For Holidays) Regulations (SI 475/1997) sets the standard for pay on bank holidays in Ireland.

There isn’t a “double pay law” as such, other than that if your employee works on a bank holiday, then you need to provide an extra day of wages for them.

Bank holiday pay for part-time employees

For part time bank holiday entitlement, the situation is a bit different for staff who aren’t full-time.

Part-time employees who haven’t worked 40 hours for you in the last five weeks are exempt.

If they have done this, they normally have entitlement to pay. However, if you expect them to work on this day, they must also receive an extra day’s wage.

In terms of how to calculate bank holiday pay for part-time workers, staff should receive one fifth of their normal weekly wage. And that includes if an employee is set to work on a public holiday.

If an individual is working different hours each week, it does make things more difficult.

But you must still pay them a certain amount—so, if a part-time member of staff earns €300 for working Monday to Wednesday, they’ll have entitlement to €60 extra during a bank holiday week.

So, bank holiday pay, part-time, is a bit trickier than for full-time employees. But if you follow the above advice you’ll know the amount they’re due.

Maternity leave and bank holiday pay

You must treat staff as if they’re in employment while they’re off on maternity leave. So, they accrue holiday days—just like your other employees.

This does mean they’re able to claim public holidays, as and when they occur during the course of a working year.

Refusal to allow the additional maternity leave or bank holiday pay will be seen as maternity discrimination.

Bank holiday pay for agency workers

Under the EU Directive on Temporary Agency Work 2008/104/EC, all temporary agency workers must receive equal treatment as full and part-time staff. As a result, you should treat this as a fully paid day.

That includes with the standard daily breaks, any night work, and annual leave. Of course, this also includes public holidays and the right to pay.

The Protection of Employees (Temporary Agency Work) Act 2012 exists to enforce these Irish employment laws, so you should make sure you respect their rights.

Need our help?

If you need our assistance on employees’ annual leave pay rights, get in touch for immediate support: 1890 252 923.

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