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What you need to know. Facebook Twitter LinkedIn Email. If an employee works on a public holiday they must get paid at least time and a half if the public holiday falls on what is a normal working day for them, they must also get a paid day off at a later date. Read full Close. Easter Sunday is not a public holiday. If you open, you can pay your staff their normal wage. They are not owed an alternative paid holiday.
Days in lieu alternative holidays. To decide if it's a day your employee would usually work, use the Otherwise working day calculator. Transferring public holidays. Any employee can ask to transfer a public holiday to another day. You must: consider the request seriously unless you have a policy that prevents transferring public holidays put any agreement to transfer a public holiday in writing.
If you have more questions about holidays and leave: See Employment NZ's contact us page external link. Rating form How helpful was this information? Easter Sunday is different again as it is not a public holiday itself, so if your employee works they are entitled to the usual rate of pay. If the employee does not work on Easter Sunday they are not entitled to a paid day, unless the employment agreement stipulates something else. Observing a public holiday on a Monday occurs only when the employee does not work on the calendar date of the holiday.
In other words, if an employee would ordinarily work on the actual day of the public holiday, whether a Saturday or Sunday, then there is no Mondayisation for this employee and the public holiday benefits only apply to the actual date.
Ultimately, an employee will not get two public holidays for the same occasion. Click the image below to open our flowchart on how to calculate Mondayisation, or you can download the flowchart here. An important scenario can often present itself where a public holiday falls during a period of leave for an employee.
In this scenario, both the type of leave and the type of holiday need to be taken into account. During a business close-down period that includes public holidays, which is often the case over the Christmas and New Year period, employees are entitled to a paid public holiday only if they would ordinarily work on the day of the public holiday. This is also the case in instances of annual leave, as employees are only entitled to public holiday pay if they would normally work on the day of the public holiday, meaning they will not lose a day of annual leave.
However, where a public holiday falls and an employee is on parental leave they will not be entitled to public holiday pay as they would not have normally worked that day. Also, when on parental leave the payment amount and the number of weeks of leave are not impacted by a public holiday falling within this leave period.
In the case of sick or bereavement leave, if an employee would have worked had they not been on leave, the day is considered a paid unworked public holiday. In which case the employee is paid a standard daily rate of pay and is not entitled to an alternative holiday, but no sick or bereavement leave is deducted either. Commonly referred to as a day off in lieu or a lieu day, alternative holidays are days off at another time given to employees if they work on a public holiday.
To be eligible the employee has to work on a public holiday that would normally be a working day for them. Working on a public holiday, in this case, extends to those on call, those working only part of a shift or being on call. There are some restrictions around alternative holidays, meaning an employee can take the alternative holiday:. Also, provided no employment agreement is in place with any other stipulation around payment of alternative holidays, an employee is paid their relevant daily pay for the day taken as an alternative holiday.
An employee who ceases employment, or whose employment is terminated, is entitled to be paid out any alternative days they have not utilised by the time they conclude their employment. In this instance the payment must be agreed by both the employer and the employee and the payment is to be made as soon as practicable after the agreement has been finalised. Every employee is entitled to 11 public holidays over the course of the year.
Holidays and anniversary dates New Zealand public holiday and anniversary dates from to Public holiday and anniversary dates for previous years. Public holiday falls on Saturday Public holiday falls on Sunday. Falls within leave period What happens when a public holiday falls within a period of leave such as annual, sick and bereavement leave or during a business close-down period.
Employees working shifts or on call Public holidays for employees working shifts or on call. Transferring by agreement An employer and employee may agree that an entire public holiday will be observed on another day for the employee. Restricted shop trading days There are three and a half days each year when almost all shops are required to be closed. Restricted shop trading tool Local council Easter Sunday shop trading policies.
Subscribe to our email newsletter Receive news and updates each month from Employment New Zealand. Other links you might find useful Alternative holidays Sick leave Bereavement leave.
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