Public Holidays – Otherwise Working Day

How do I work out staff pay for public holidays?

To work out an employee’s statutory and public holidays entitlements, you need to know whether the day is “an otherwise working day” for the employee. Basically, is it a day that they would normally have worked, if it were not a public holiday? Public holidays include Waitangi Day, Good Friday, Easter Monday, ANZAC Day, Queen’s Birthday, Labour Day, Christmas and New Years.

When is the public holiday Labour Day in New Zealand in 2021?

The date for Labour Day is Monday 25th of October– a springtime long weekend!

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

  1. give them a pay 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 him or her time and a half, but you are not required to provide a day in lieu of the public holiday.

In many cases it’s easy to work out whether or not an employee would otherwise have worked on the day in question because the working pattern or roster is constant and the two of you can easily agree about whether the employee would otherwise have worked that day. However, if it’s unclear, then you must try to reach agreement with your employee. In doing so, you both need to consider all of the following factors:

  • what the employment agreement says
  • the employee’s usual work patterns
  • any other relevant factors such as:
    • if the employee works for the employer only when work is available
    • the employer’s rosters or other similar systems
    • the reasonable expectations of the employer and employee as to whether the employee would have worked on that day
    • if the employee would normally have worked if it wasn’t a holiday (public or alternative) or if the employee was not on leave (sick or bereavement).

You can’t take an employee off the roster on a public holiday when it’s a day that he or she would otherwise have worked on, in order to avoid remunerating the employee public holiday pay. Not recognising an employee’s holiday entitlements is against the law.

If you’re still not sure you can contact us at [email protected] or give us a call on 0800 472 472.

Published in the 19th October 2020 edition of Talking Shop.

If you have any further queries with regards to public holidays compliance, or employment matters in general – do not hesitate to give our Advice Service a call on 0800 472 472 (or 1800 128 086 from Australia), or email the team at [email protected].

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