Think you're automatically entitled to a day in lieu if you work a public holiday? Not always!
Most readers will know that when an employer requires an employee to work on a public holiday the employee must be paid a minimum of time-and-a-half for the time they work on thatday. In addition, the employee may be entitled to an alternative day's holiday on pay " often referred to as a day in lieu. But the catch is that the alternative day entitlement only applies if the public holiday is a day on which the employee normally works.
So, if you normally work certain days in a week, a particular day falls as a public holiday and your employer requires you to work that day, you are entitled to be paid time-and-a-half with an alternative day's paid holiday/day in lieu. But this applies only to those hours normally worked on that day. For example, if your normal work day is, say, 4 hours - you aren't entitled to be paid for an 8 hour day.
On the flip side, if you work certain days in a week, and work an additional day which happens to be a public holiday, you are entitled to be paid time-and-a-half for the hours worked. But there is no entitlement to an alternative day's paid holiday/day in lieu.
Of course, if your employer does not require you to work on a public holiday (eg: an office worker), then you can enjoy the public holiday and get paid your normal pay.
Sometimes people are employed to work only on public holidays (e.g: for a special event). In these cases, the employee must be paid at least time-and-a-half for the hours worked on that day, but there is no entitlement to an alternative day's paid holiday/day in lieu.
Calculating wages and alternate days/hours around public holidays can be tricky, and it is not always so straightforward depending on the nature of the employment. Further, I should point out that some employees come under awards or contracts which provide for extra public holiday and other entitlements, so this article would not apply in those cases. If you need further assistance with the law around public holiday entitlements, you should contact a lawyer, accountant or the Department of Labour for advice.
Ros Morshead is a solicitor and principal of Morshead Law.
