Debra Leach
The holiday season is only just around the corner, so here is a quick reminder around how, which, and when, to pay those problematic Public Holidays.
If you are lucky enough to have a complete shutdown over the December and January holiday period, you need to remember:
' You must give your employees at least 14 days' notice of the shutdown period
' If the public holiday (PH) days fall on a day that would otherwise be a workday, you must pay your employee for those days.
For example —
Your business is closed from December 22 to January 4, 2023.
For Monday to Friday workers, the following would apply:
• Monday, Dec 26, 2022 — PH Boxing Day
• Tuesday, Dec 27, 2022 — PH Christmas Day — in lieu
• Monday, Jan 2, 2023 — PH Day after New Year's Day
• Tuesday, Jan 3, 2023 — PH New Year's Day — in lieu
All other working days would be annual leave.
For weekend workers the following would apply:
• Sunday, Dec 25, 2022 — PH Christmas Day
• Monday, Dec 26, 2022 — PH Boxing Day
• Sunday, Jan 1, 2023 — PH New Year's Day
• Monday, Jan 2, 2023 — PH Day after New Year's Day
All other working days would be annual leave.
Casual/on-call workers are entitled to receive payment for a public holiday if it would otherwise have been a working day. For example, if an employee can show a pattern of working on Mondays, then they would more than likely be entitled to be paid for Boxing Day and the day after New Year's Day.
Employers and employees can agree to transfer the observance of public holidays to another working day. Any request must be considered in good faith and any agreement must meet minimum statutory requirements.
An employee can only be made to work on a public holiday if:
• It falls on a day that they would have otherwise worked on, and
• Their employment agreement says they must work on the public holiday.
When a public holiday falls on a day your employee would usually work, they're entitled to a paid day off, no matter how long they've been working for you. If they agree to work anyway, you must:
Pay them at least time and a half
• Give them another paid day off later (a day in lieu).
Each employee can get a maximum of 12 public holidays a year, for example:
• If a public holiday is Mondayised, they can't claim two public holidays (ie, one for the actual date and one for the Mondayised date)
• An employee can't be entitled to more than four public holidays over the Christmas and New Year period, regardless of their work pattern.
■ Gemma Hogg also contributed to this article. Should you require further information on the above, or any other human resources issue, please contact Debra or Gemma on the following: 027 311 3085; or 021 567 918.