Information from NERA on Public Holiday Entitlement Christmas 2012
It’s that time of year when debates arise in many workplaces over entitlements to Public Holidays and appropriate payment for them. NERA, the employment rights body have helpfully set out guidance in relation to this festive challenge for all concerned. This guidance is set out below:
“Full-time workers have immediate entitlement to benefit for public holidays and part-time workers have entitlement to benefit when they have worked 40 hours in the previous 5 weeks.
Christmas Day, Stephens Day and New Year’s Day are public holidays. Christmas Eve is not a public holiday.
When a person works on either or both of these days they are entitled to be paid for each day in accordance with their agreed rates. In addition they also have an entitlement to benefit for each public holiday. This can be different for each public holiday and each employee depending on the individuals work pattern.
If the business is closed on the public holiday and an employee would normally be due to work then they get their normal days’ pay.
If the business is open and the employee works, they are entitled to either, paid time off or an additional days pay. This additional days’ pay is what was paid for the normal daily hours last worked before the public holiday.
If an employee is not normally rostered to work then they will be entitled to one fifth of their normal weekly wage.
If someone ceases to be employed during the week before a public holiday, having worked the four weeks preceding that week, they are entitled to benefit in respect of that public holiday
If a person is on temporary lay-off they are entitled to benefit for the public holidays that fall within the first thirteen weeks of layoff.”
Source: NERA Information Services
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