Public Holidays for Christmas 2012 & New Year 2013
Of the nine annual public holidays, three of them listed in the Organisation of Working Time Act 1997 fall within the next few weeks:
- Christmas Day - 25th December 2012
- St. Stephen's Day - 26th December 2012
- New Year's Day - 1st January 2013
Christmas Eve and New Year's Eve are not public holidays and are counted as annual leave if an employee who is scheduled to work does not work on any of these days.
An employee is entitled to their employer's choice of the following, in respect of a public holiday:
a) a paid day off on that day
b) a paid day off within a month of that day
c) an additional day of annual leave
d) an additional day's pay.
If an employer does not nominate one option 21 days before the public holiday, the employee automatically receives a paid day off on the public holiday. As Christmas Day is on Tuesday, St. Stephen's Day on Wednesday and New Year's Day on Tuesday, all “normal” working days, an employee who normally works on a Tuesday or Wednesday will receive a paid day off on Christmas Day, St. Stephen's Day and New Year's Day.
Full time or Part-time Employees - entitlements to Public Holidays
Full time employees are immediately entitled to a public holiday benefit but Part-time/casual employees must have worked at least 40 hours in the 5 week period ending on the day before the public holiday to qualify for the public holiday benefit.
If a public holiday falls on a day which an employee is normally off work, or is not scheduled to work, then:
- A full time employee is entitled to a public holiday benefit equal to 1/5th of his normal weekly pay in respect of the normal weekly hours last worked by the employee before that public holiday,
- A part-time employee is also entitled to a public holiday benefit equal to 1/5th of his normal weekly pay, based on the average weekly pay (including any regular bonus or allowance, but excluding overtime) in the 13 weeks immediately prior to the public holiday, assuming they have worked 40 hours or more in the previous 5 weeks.
Where an employee works 6 days per week and a public holiday falls on a day which he is normally scheduled to work, he is entitled to one of the benefits listed above. Where the public holiday falls on the day on which he is not normally required to work, he is still only entitled to 1/5th of his normal weekly pay, provided that the amount does not exceed the amount that the employee would have been paid if it was a day he normally worked.
The Team at Paycheck Plus will be happy to help you with your Public Holiday entitlement calculations as part of our Payroll Outsource Services.