Question:

We had a temporary employee working for us for 10 weeks. His normal working week was 37.5 hours. During this 10 week period he was out sick for 3 weeks. However, we only received a medical certificate for 1 of these weeks. How should we calculate his holiday entitlement for this 10 week period?

Answer: 

As the employee has not worked 1,365 hours in the leave year, his holiday pay should be calculated based on the greater of:

(a) 8% of his hours worked subject to a maximum of

 4 working weeks, or

(b) 1/3rd of a working week for each month in which the employee works at least 117 hours.

Any absence on certified sick leave is considered to be time worked for the purpose of accruing annual leave. In contrast, any absence on uncertified sick leave is not considered to be time worked for the purpose of accruing annual leave.

Using option (a), the employee's holiday entitlement would be calculated as 24 hours (37.5 hours x 8 weeks x 8%).

With regard to option (b), there is insufficient information to determine if the employee has worked at least 117 hours in any particular month. Assuming the employee met this qualifying condition for 2 months (10 weeks less 2 weeks of uncertified sick leave) his holiday entitlement would be calculated as 25 hours (1/3rd of 37.5 hours x 2 months).

Minister Doherty has launched an awareness campaign to encourage new or expectant fathers who intend taking paternity leave to apply for Paternity Benefit .

Paternity Benefit of €235 per week for 2 weeks can be claimed by employed and self-employed fathers, who meet the qualifying PRSI conditions, within the first 6 months of their child being born. Figures for the 11 month period to the end of July 2017 show that 20,375 people have availed of Paternity Benefit.

Applications can be made online via MyWelfare , however this requires a MyGovID account and a Public Services Card. Any person experiencing difficulty making an online claim can contact the DSP to request a paper form. Further information is available here.