Potential Employee entitlements on public holidays, if any, can be categorized as follows:
1. What happens if the Employee works on a public holiday?
Generally, Employees who work on a public holiday will be entitled to receive the greater of the portion of the Employees’ relevant daily pay or average daily pay (less any penal rates) that relates to the time actually worked on the day plus half that amount again, or the portion of the Employee’s relevant daily pay that relates to the time actually worked on the day. Employees who work on a public holiday may also be entitled to an alternative holiday, this will depend on whether it is an otherwise working day for the Employee and whether he/she only works on public holidays.
2. What happens if the Employee does not work on a public holiday?
If an Employee does not work on a public holiday and the day would otherwise be a working day for that Employee, the Employee would be entitled to a paid day off.
3. What happens if the Employee is on call on public holiday?
If the Employee is on call (but is not called to work) on a public holiday, which is an otherwise working day, he/she may be entitled to an alternative holiday as though the Employee was working on that day. This will depend on the extent to which the on call condition restricts the Employee’s freedom of action.
In certain circumstances public holidays may be transferred.
** to see the precise definition, please refer to the 'Annual Holidays and Leave' ebook, which is available for purchase. Employers Support Package (ESP) members can download it for free from the Library section of the Employers Toolbox www.employerstoolbox.co.nz.