- Employees are entitled to a day off for public holidays that fall on a Saturday if this is their standard day off.
- The employer must grant the day off within the same billing period, but can decide when to take it.
- People on sick leave on a public holiday are not entitled to additional time off.
- A day off for a public holiday on a Saturday is not part of the annual leave, but can be used to extend it.
Many employees wonder how the issue of taking a day off for a public holiday when it falls on a Saturday is handled. The Labour Code is clear on the rules regarding this topic, but there is still a lot of ambiguity. In this article, we will take a look at how the collection of a day off for a public holiday that falls on a Saturday works, what rules apply to this issue and who can exercise this right and when.
Day off for a public holiday – when can an employee claim it?
According to the Labour Code, when a public holiday falls on a working day, the employee is entitled to a day off. Public holidays, such as, for example, 1 May, 11 November or Christmas, which fall on a working day, automatically reduce working time by 8 hours. Thus, employees have the day off on that day.
However, the case is more complex when the holiday falls on a Saturday. Then the employer is obliged to give the employee an additional day off, which can be taken at another time, usually within the same pay period.
Employees working in companies operating from Monday to Friday gain the possibility to take the day off on another working day. It is important that the day off is taken in the same pay period in which the holiday occurs.
When is a day off due for a Saturday holiday?
A day off for a public holiday that falls on a Saturday is due to employees who have a day off on that day. Employees working in companies where Saturday is a working day do not receive a day off for a holiday that falls on that day. In such cases, it is up to the employer to allow the employee to take the day off at another time as part of the work schedule.
Importantly, taking a day off for a public holiday on Saturday is proportional to the employee’s full-time position. A full-time employee gains 8 hours off, while a part-time employee gains only 4 hours.
What rules apply to taking a day off for a public holiday on Saturday?
The Labour Code specifies that a day off for a holiday falling on a Saturday should be given in the same pay period in which the holiday occurs. This means that the employer is obliged to provide the employee with a day off, but must do so at a specific time.
It is important to note that the date on which the day off is taken does not have to coincide with the holiday. It can be taken either before or after the public holiday.
Who sets the deadline for taking a day off for a public holiday on a Saturday?
It is up to the employer to decide when an employee can take a day off for a public holiday falling on a Saturday. According to the Labour Code, the employer is not obliged to consult the employee on this matter.
Nevertheless, in practice, many employers take into account the preferences of their employees when determining the timing of days off. It may be the case that different employees will have a day off on different days, depending on how the work schedule is arranged in a given company.
What if an employee is on sick leave?
A common question that arises among employees concerns what happens if an employee is on sick leave on a day that falls on a public holiday. The Labour Code does not oblige the employer to grant a day off in such a case. If the employee is on Sick Leave, the day off for a public holiday on Saturday is deemed to have been taken, as no work was performed during that time.
Therefore, the employer is not obliged to grant an additional day off. The situation is similar in the case of maternity leave – also then there is no obligation to grant a day off for a holiday.
Public holiday on Saturday versus annual leave
What happens when a public holiday falls on a Saturday and an employee wants to extend their annual leave? A day off for a public holiday on Saturday can be used as part of an extension of a holiday or weekend. In practice, this means that the employee can add this day to his/her holiday and thus spend an extended period of rest.
However, it is important to note that it is not permissible for a day off for a public holiday to be treated as part of a holiday. If the employee chooses to use the day off in this way, the holiday time will be extended accordingly.
Day off for 1 November
Another question that arises quite often is the question of time off for 1 November, the Solemnity of All Saints. If 1 November falls on a Saturday, the employee is entitled to take the day off on another working day.
This was the case in 2014, among others, when 1 November fell on a Saturday. For other days of the week, 1 November is not entitled to an additional day off.
Respecting an employee’s days off – the key to wellbeing at work
According to the regulations in the Labour Code, a day off for a public holiday on Saturday is granted to employees working in companies where Saturday is a public holiday. The employer is obliged to give the employee a day off on another working day, but must do so within the same pay period. It is important to remember to proportion this day off to the employee’s full-time position.
Taking a day off for a public holiday on Saturday can be a significant issue in the organisation of work in companies. It should also be noted that the Labour Code does not provide for a day off for a holiday that falls on a Sunday, nor does it oblige the employer to give a day off when the employee is on sick leave.
The rules may vary depending on the situation, so the relevant HR services should be consulted to ensure compliance and employee comfort.
Time off for a Saturday holiday – enforcement by the employer
Managing the day off for a public holiday on Saturday is important to maintain compliance with the Labour Code and to ensure fair working conditions for employees. Foodcom S.A., takes careful care to comply with these rules, as the proper granting of the day off not only affects employee morale, but also the organisation of work in the company.
Complying with these regulations prevents potential claims and legal problems, which is essential for maintaining a harmonious working environment and operational efficiency. Not only does it protect the company from legal consequences, but it also builds a positive organisational culture in which employees feel respected and treated fairly.