Public holiday pay in Ireland
what your employer must give you

For each public holiday, section 21(1) entitles you to whichever one of these your employer decides:

• a paid day off on the day;
• a paid day off within a month of the day;
• an additional day of annual leave; or
• an additional day's pay.

If the holiday falls on a day you would already have had off with pay, the first option does not apply, so the choice is between the other three.

Source: Organisation of Working Time Act 1997, section 21.

You can ask your employer, not later than 21 days before the public holiday, to decide which of the four you will receive. The employer must tell you at least 14 days before the holiday. If the employer ignores your request, the Act treats the decision as a paid day off on the holiday or, where you would already have the day off, an additional day's pay (section 21(2) and (3)).

If you are not a whole-time employee, the entitlement applies only if you worked for that employer at least 40 hours in the 5 weeks ending on the day before the public holiday (section 21(4)). Certain absences listed in the Third Schedule to the Act can also affect the entitlement (section 21(5)).

If your employment ends during the week ending on the day before a public holiday and you worked for the employer during the preceding 4 weeks, section 23(2) requires the employer to pay you an additional day's pay for that holiday.

Source: section 23.

Complain to the WRC within 6 months of the contravention (extendable by up to 6 more months for reasonable cause, section 41 of the Workplace Relations Act 2015). The Adjudication Officer can require compliance and order compensation that is just and equitable, up to 2 years' remuneration. For the full picture see unpaid holiday pay and how to file a WRC complaint.

Do I get paid for a public holiday if I work part-time?
If you are not a whole-time employee, you qualify for a public holiday only if you worked at least 40 hours for your employer in the 5 weeks ending on the day before the holiday (section 21(4) of the Organisation of Working Time Act 1997).

What can my employer give me for a public holiday?
One of four things, chosen by the employer: a paid day off on the day, a paid day off within a month, an additional day of annual leave, or an additional day's pay.

Can I ask what I will get for a particular public holiday?
Yes. You can ask your employer, not later than 21 days before the holiday, to say which of the four you will get, and the employer must tell you at least 14 days before the holiday. If the employer does not respond, you are deemed to get a paid day off or, if the holiday falls on a day you would already have off, an additional day's pay.

How to file a WRC complaint · WRC time limits · Unpaid wages letter · Working time and rest breaks · What to expect at a hearing