6 January 2025
By Bryan McCarthy
bryan@TheCork.ie
Today we are talking to Ciara O’Gorman, Development Manager with South Munster Citizens Information Service in relation to employees and their entitlements.
How are things going in the Citizens Information Service?
The service is busy. We are very much a face-to-face service so if anyone needs information or assistance in relation to their entitlements, we encourage you to drop in to one of our offices and bring any documents or correspondence, relating to the matter, with you.
The October public holiday passed recently, and the Christmas break is coming up. What are employee’s entitlements in relation to Public Holidays?
Most employees are entitled to paid leave on public holidays. There is an exception for certain part-time employees
If you qualify for public holiday benefit, you are entitled to one of the following:
- A paid day off on the public holiday
- An additional day of annual leave
- An additional day’s pay
- A paid day off within a month of the public holiday
You can ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer does not respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.
How does this apply to part-time workers?
Part-time workers that work at least 40 hours in the 5 weeks before the public holiday and the public holiday falls on a day they normally work, get paid for the day even if they don’t work. If they have to work that day, they are entitled to an extra day’s pay.
If you don’t normally work on a certain day but it’s a public holiday, you should get paid one-fifth of your weekly pay. Even if you never work on public holidays, you still get paid a fifth of your weekly pay as compensation for the public holiday. For example, most public holidays fall on Mondays. If you are a part-time worker but you are always off on a Monday, you are still entitled to be compensated for it. Again, you must have worked for your employer for at least 40 hours in the 5 weeks before the public holiday.
You can count time spent on annual leave as ‘time worked’ when calculating the 40 hours worked in the 5 weeks before the public holiday.
What happens if the public holidays falls on a weekend?
When a public holiday falls on a day which is not a ‘normal working day’ for that business (for example, on Saturday or Sunday), you are still entitled to benefit for that public holiday.
For example, you may get an extra day of annual leave, or an additional days pay, or a paid day off within a month of the public holiday. However, you do not have any automatic legal entitlement to have the next working day off work.
Annual Leave is another consideration for employees. Are all workers entitled to paid annual leave?
Yes, all employees are entitled to annual leave, including full-time, part-time, temporary and casual workers.
How much annual leave is one entitled to each year?
Your annual leave entitlement depends on how much time you have worked in a leave year. The statutory leave year runs from 1st April to 31st March. Most employers use the calendar year (January to December) instead of the official leave year to calculate your entitlement for administrative reasons, but this does not affect your statutory leave entitlements. Your employer should tell you when your leave year begins and ends.
There are 3 ways to calculate your annual leave entitlement. You can use whichever method gives you the greater (biggest) entitlement.
- If you have worked at least 1,365 hours in a leave year, you are entitled to the maximum of 4 working weeks’ paid annual leave. You cannot use this method if you changed employment during the leave year.
- Calculate 1/3 of a working week for each calendar month in which you worked at least 117 hours.
- Calculate 8% of the hours you worked in the leave year, subject to a maximum of 4 working weeks.
How do you calculate your annual leave if you are a part-time worker?
Generally, annual leave for part-time workers is calculated as 8% of the hours worked. If you work full time for some months and part-time for the rest of the year, you should calculate the leave for the full-time and the part-time periods of work separately.
What happens your annual leave if you are off on Maternity leave or Parental Leave?
Annual leave is not affected by other types of statutory leave. Time spent on maternity leave, paternity leave, adoptive leave, parental leave, force majeure leave and the first 13 weeks of carer’s leave is treated as though you have been in employment. For example, time spent on parental leave can be used to build up your annual leave entitlement.
What happens annual leave if you leave your job?
If you are leaving a job without taking all the annual leave you are entitled to, your employer must pay you for the days you have not taken.
Can an employer force an employee to take annual leave?
Usually, employees can ask to take annual leave at specific times. Your employer can accept your request, or refuse your request. Your employer decides when annual leave may be taken, but this is subject to a number of conditions. Your employer must take into account your family responsibilities, as well as the available opportunities for rest and recreation. Your employer must discuss your annual leave with you (or your union) at least one month before you are to take the leave i.e. your employer cannot tell you on Friday that you must take annual leave the following week.
Can an employer offer to pay the worker extra in lieu of taking annual leave?
It is illegal for an employer to pay an employee extra instead of allowing them take the minimum statutory annual leave entitlement, except where the employment ends and the employee has earned unused annual leave days. In that case the employer should pay the employee for any outstanding annual leave and public holidays.
What if one gets sick while on annual leave?
If you are sick while you are on annual leave, you should get a medical certificate from your GP (doctor) as soon as possible to cover the days you were sick. Give the medical certificate to your employer as soon as you return to work. This way, the sick days will not count as annual leave, and you can take your annual leave at a later date. Your employer cannot make you to take annual leave for time you were on certified sick leave.
Can an employee ‘carry over’ annual leave to next year?
This is a common question at this time of the year. Annual leave should be taken within the leave year. Depending on your employer, you can agree to take your annual leave within 6 months of the relevant leave year. Any further carrying-over (also called holding over) of annual leave would need to be agreed between you and your employer. If you are on long-term sick leave and cannot take your annual leave due to illness, you can carry it over for up to 15 months after the end of the year it was earned. If you leave your job within these 15 months, you should get payment instead of the leave you did not take due to illness.
There are changes to the minimum wage. Can you tell us about it?
Since January 2024, the national minimum wage for people aged 20 and over is €12.70 per hour. It was announced in the Budget that, from 1 January 2025, it will increase by 80 cents to €13.50 per hour
You mentioned people aged 20 and over, are all workers entitled to receive the minimum wage?
No. You are not entitled to get the national minimum wage if you are employed by a close relative (for example, a spouse, civil partner or parent. Neither are you entitled to it, if you are In a statutory apprenticeship or you are aged under 20
What is the minimum wage for workers aged under 20?
Workers aged under 18 are currently entitled to €8.89 per hour which is 70% of the minimum wage. Workers aged 18 are currently entitled to €10.16 per hour (80%) and workers aged 19 are currently entitled to €11.43 per hour, which is 90% of the full minimum wage. Those aged 20 and over receive €12.70 per hour. All of these rates will increase proportionately from 1st January
What happens if an employer cannot pay the minimum wage?
If your employer cannot afford to pay the minimum wage due to financial difficulty, the Labour Court can give them permission, or exempt them, from paying the minimum wage rate for between 3 months and one year. Only one exemption is allowed though. The employer must apply to the Labour Court for the exemption, and they must have the agreement of a majority of employees. The employer and the employees must all agree to follow the decision of the Labour Court.
The employer must show that they are unable to pay the minimum wage and that if they had to pay it, they would need to lay off or dismiss employees. Employers can only be exempt from paying the full rate of the minimum wage. They cannot be exempt from paying the reduced rate (for example, to employees under 18).
Can an employee be victimised by the employer for seeking the minimum wage?
If you ask your employer to pay the minimum wage, you are protected by law from victimisation or dismissal. If you are dismissed for asking for the minimum wage, you can bring a claim for unfair dismissal. You can do this no matter how long you have worked for your employer or how many hours you work each week.
What redress is available to employees who believe that they are not receiving their correct public holiday entitlement or annual leave entitlement or minimum wage ?
If you are not getting your correct annual leave/public holidays or minimum wage, you should speak with your employer first and try to resolve the issue. If you cannot resolve the problem with your employer, you can make a complaint to the Workplace Relations Commission. You can get advice and assistance from your local Citizens Information Centre on how to do this.
There is a lot of information here- so if someone would like more information what should they do?
If someone would like more information about any of the issues covered they should contact their local Citizens Information Centre. We will discuss your circumstances with you and help you to make an informed decision. As always, our information, advice and advocacy service is free, impartial and confidential.
John Beausang and Yvonne Rayner, Cork City’s Citizens Information Managers, said,
Our telephone lines in Cork City are monitored from 10am to 4.30pm, Monday to Friday. In addition, the Cork City Centre CIC in Cornmarket Street is open to the public Mondays, Tuesdays, Thursdays and Fridays, from 9.45am to 1pm and Wednesdays from 2pm to 4.30pm. The Blackpool CIC is open to the public each morning from 10am to 4pm, Tuesday and Thursday. Full details for all Citizens Information Centres and their opening times are available on our website.