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Public Holidays During Sick Leave – How Do I Handle It?
Published on: 20/08/2019
Issues Covered:
Absence & Sickness Contracts of Employment Working Time
Article Authors The main content of this article was provided by the following authors.
Antoinette Vahey Partner, RDJ LLP Ireland
Antoinette Vahey Partner, RDJ LLP Ireland
Antoinette vahey 2022

Antoinette is a Partner, practicing as part of the Employment law team. She brings practical and strategic legal advice to clients in a range of areas such as wrongful and unfair dismissal; discrimination; absenteeism and work related stress; performance management; temporary and contingent workers; collective redundancies; restrictive covenants and severance agreements.

Antoinette represents clients on employment claims in the Workplace Relations Commission, Labour Court and High Court together with gender discrimination claims in the Circuit Court.

Having qualified as a mediator with the Centre for Effective Dispute Resolution in 2013 (specialising in employment and workplace disputes), Antoinette is focused on expanding RDJ’s independent mediation offering to provide the best solution to our clients.

Antoinette is particularly interested in the areas of transfer of undertakings (TUPE ), Vetting and social media in the workplace and has spoken extensively at various events on legislative and other changes in those areas.

She also devises in-house training sessions and policies for clients in respect of grievance and disciplinary matters, dignity at work and social media.

Antoinette Vahey, Partner with Ronan Daly Jermyn considers this question:

“An employee who has been on sick leave for the past 22 weeks has tendered his resignation. We are calculating his accrued annual leave entitlement in accordance with the working time legislation however are wondering what to do with public holidays that occurred during that timeframe. He was in receipt of full sick pay for the duration of his sick leave so I assume that his entitlement to those public holidays is discharged. How do I handle it?”

Employees on long term sick leave accrue an entitlement to public holidays in the first 26 weeks of certified absence, where it concerns a non–occupational injury, and 52 weeks where it concerns

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 20/08/2019
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