Advice Christmas

Public Holiday Pay over Christmas and New Year 2022/2023

Christmas is sneaking up fast, it’s a good idea to start thinking about your staff roster and public holiday pay over the Christmas and New Year.

Most employees will be entitled to observe 4 public holidays over this period. Depending on their usual days / pattern of work 25, 26 and 27 December and 1, 2 and 3 January are potentially pubic holidays.

There are 4 public holidays over Christmas and New Year. The 4 public holidays are:

  • Christmas Day (25 December)
  • Boxing Day (26 December)
  • New Years’ Day (1 January)
  • Day after New Years’ day (2 January).

The 25 December and 1 January public holidays for 2022/23 are ‘Tuesdayised’ which means due to both public holidays falling on a Sunday, they are transferred to the nearest weekday (Tuesday) so that employees who don’t work on a Sunday get a chance to observe it. However, all employees can only observe one, not two for the same holiday so they will receive either of:

  • Christmas Day – Sunday 25 December or Tuesday 27 December 2022
  • Boxing Day – Monday 26 December 2022
  • New Years Day – Sunday 1 January or Tuesday 3 January 2023
  • Day after New Years Day – Monday 2 January 2023

If the public holiday falls on an ‘otherwise working day’ for your employee, you are required either to:

  1. give them a paid day off; or
  2. to pay time and a half and give them an alternative day off.

If the public holiday is not an otherwise working day, but the employee works, you need to pay them time and a half, but you are not required to provide a day in lieu. If the public holiday is Mondayised or Tuesdayised and these observed days are otherwise working days for the employee, they receive their public holiday entitlement on their normal work day. Even if they work on the actual public holiday (Saturday or Sunday) in the case when this is not an otherwise working day, they receive normal pay for the Saturday or Sunday.

Read more about paying your staff over the upcoming public holidays.

If you have any questions about public holiday pay over Christmas and New Year, our Advice Service is here to help. Email us at [email protected], or give us a call on 0800 472 472 (1800 128 086 from Australia).

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