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So when should employees be compensated when it comes to public holidays? 
An employee should be compensated for a public holiday providing they are full - time employees, or they worked 40 hours in the previous five- week period ending before the public holiday itself. The organisation of Working Time Act 1997 states that an employer may determine which of the following methods of remuneration apply: 
  • A paid day off on the holiday 
  • A paid day off within one month 
  • An extra day's annual leave 
  • An extra day's pay 
If the public holidays falls on a day the employees has (a) actually worked, or (b) would normally have worked, then they are entitled to remuneration equivalent to their last working day before the public holiday (excluding overtime). 

if the public holiday falls on a day that (a) the employee didn't work on that day, and (b) the employee  wouldn't normally work on that day, then they are entitled to remuneration equivalent to one- fifth of their last normal working week. 

When are employees not entitled to be compensated for public Holidays? 
  • In the case of part time employees, where they haven't worked 40 hours over the 5 week period ending before the public holiday. 
  • Where the employee is on a period of layoff that exceeds 13 weeks. 
  • Where the employee is on a period of authorised leave that exceeds 12 weeks. 
  • Where the employee is absent in excess of 26 weeks by reason of of non- occupational illness or injury. 
  • Where is the employee is absent in excess of 52 weeks due to an occupational illness or injury. 
  • Where the employee is on a period of carer's leave that exceeds 13 weeks. 
  • Where the employee is on statutory health and safety leave. 
  • Where the employee has been absent by reason of strike action. 
Calculating public holidays can be fairly straight forward for full- time employees with the same hours every week. however,if the employees is a part time or works variable hours then the public holiday entitlement will vary from one public holiday to the next - so ensure to take advice if you're uncertain.
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