It is really quite interesting the fact that even though there is one piece of legislation covering the area or employee leave (Holiday Pay Act 2003) many of our clients all interpret it differently.
It’s not for us to say they must comply as at the day we will do as we are instructed but the main points of the Act state:
- If you work on a Public Holiday and that day that is your normal work day then you must be paid at the rate of Time & Half and you accrue an Alternative Day that you can take at a later date. If you are a Salaried employee and you work on a Public Holiday then you also get paid at Time & Half.
- If you don’t work on the Public Holiday and its your normal work day then you are paid for the day at your Relevant Daily Rate (what you would have got paid had you worked)
- If you work on a Public Holiday and it’s not your normal work day (casual employee or part-time employee) then you just get paid at the rate of Time & Half, there is no accrual of an Alternative Day.
The main issue we see occuring is when it comes to paying for the Alternative Day. The Act is quite specific that you are entitled to another Day off and makes no mention of the fact the hours you get paid for your Alternative Day has any connection to the actual number of hours you might have worked on the Public Holiday.
An example might explain this better. Say you work on a Public Holiday for as little as one hour. The Act requires that you get paid for the hour at Time & Half and in most cases you would get the balance of the day at your Relevant Daily Pay rate. You then agree to take your Alternative Day off on a day that you would normally work 10 hours, the Act states that you are entitled to be paid for 10 hours and not the one hour you actually worked on the Public Holiday.
I hope this makes sense. A document prepared by In-Sync Business Consulting on the topic can be downloaded here – Alternative Leave
Can anot employer take your alternate day from your final payment when you leave an employment?
Hi Joan,
Alternative Leave is Entitled Leave so must be paid out on Termination so provided you have met any conditions of your Contract re Notice etc then it should have been paid out.
Regards
Ezypay
If you are a shift nurse, and work 9 hours on a public holiday when your normal hours of work are 8 hour shifts, are you entitled to only the 8 hours or the 9 hours alternative leave?
Hi Renee,
There is no link between the hours you work on a Public Holiday and the hours you are paid when you take Alternative Leave. When you take the day off you should be paid the hours you would expect to work on the day.
So if it happens you were to work only 3 hours on a Public Holiday, you can then elect to take a Day Off that you would normally work 10 hours, then you are paid the 10 hours.
Regards
The Ezypay team.