A part-time employee generally passes the public holiday test by working at least 40 hours in the previous 5 weeks. Once eligible, they receive one of the same four statutory benefit options available to a full-time employee.
How the 40-hour test works
Start with the statutory public holiday date and count back over the previous five weeks. Add the hours actually worked during that period. The employee qualifies at 40 hours; it is not necessary to average 40 hours per week.
Hours outside the exact look-back period do not help with that holiday. A fresh look-back calculation is needed for each public holiday.
Worked eligibility examples
Karolina worked 9, 8, 10, 7 and 8 hours in the five relevant weeks: 42 hours in total. She meets the 40-hour test.
Daniel worked 7 hours in each of the five weeks: 35 hours. On those figures he does not meet the ordinary part-time threshold for that holiday.
The four possible benefits
The employer selects a paid day off on the holiday, a paid day off within one month, an additional day of annual leave, or an additional day of pay. Eligibility does not always mean that the employee receives the next Monday off.
If the employee normally works that day
Where the business is closed and the employee was normally due to work, the benefit is normally the employee’s normal day’s pay. If they work on the public holiday, pay for hours worked under the agreed rate is separate from the statutory holiday benefit.
If the employee is not normally rostered
An eligible employee who does not normally work that day is generally valued at one-fifth of the normal weekly wage for the relevant additional-pay measure.
A normal weekly wage of €350 gives a one-fifth figure of €70. This is not an overtime multiplier and should not be confused with pay for hours actually worked on the holiday.
Evidence and common disputes
- Keep clock records or rosters for the full five-week period.
- Check that paid leave, unpaid absence and actual work have not been mixed without explanation.
- Ask the employer which statutory benefit was selected.
- Compare the payslip and leave record after the holiday.
- Recalculate for each holiday rather than carrying an old result forward.
Check the 40-hour rule
Enter your employment type and hours worked in the five-week look-back period.
Check public holiday eligibilityFrequently asked questions
What is the 40-hour rule for public holidays?
A part-time employee generally qualifies after working a total of at least 40 hours in the five weeks before the public holiday.
Is it 40 hours each week?
No. It is 40 hours in total across the five-week look-back period.
Does a part-time worker get the same benefit options?
Yes, once eligible, the statutory options are the same: paid day off, day off within a month, extra annual leave or extra pay.
What if I am not rostered on the holiday?
An eligible employee still has a benefit; where additional pay applies, the measure is generally one-fifth of normal weekly pay.
Do I have to work on the public holiday to qualify?
No. The entitlement test and the question of whether you actually work that day are separate.
Official sources
Rules and thresholds can change. Check the source that applies to your circumstances before making an important decision.
Important: This guide provides general information for workers in Ireland. It does not replace your contract, payroll records, official guidance or advice on a disputed or unusual case.