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Labour Day Public Holiday

Published 16 Oct 2022

New Zealand's Labour Day commemorating the eight-hour work day, is upon us again this month, observed on Monday the 24th October.

If your Employee works on any part of a Public Holiday, the Employee must be paid at least time and a half for the actual hours worked.

As usual if the Employee works on a public holiday and that day would be the Employee's normal day of work (what we call an 'otherwise working day'), then in addition to payment for the hours at 'time and a half', the Employee is also entitled to an entire days' alternative holiday (day in lieu), which when taken, should be paid at the Employee's relevant daily pay.

If the Employee does not work on a Public Holiday and the Employee was not due to work that day, then the Employee is not entitled to any payment for that day and is not entitled to an alternative holiday.

Alternative holidays can be paid out to staff on request if 12 months have elapsed since the entitlement, and it remains untaken.

The Employer can require an Employee to work on a Public Holiday if the Public Holiday falls on a day that would normally be a working day for that Employee, and providing you have that provision in the employment agreement.

For further information on Public Holidays, definitions and calculations of Relevant Daily Pay please see our eBook on Annual Holidays & Leave available in the Library of the Employers Toolbox or here for non-members.