Managers Guide to Public Holidays

Managers Guide to Public Holidays



Applies to: all TWL

Overview

Public Holidays are days that team members are entitled to have off work (if the public holiday falls on a day they would normally work) or if team members choose to work a public holiday, they must be paid time and a half. 

This guide covers most situations but there may be those it does not cover. In these situations please contact Ask People Support. 

Remember: As a leader in this business, you are responsible for leading compliance. You need to listen, understand and help guide the team to follow the processes outlined in this guide. 

Public Holidays

There are 11  Public Holidays a year which fall on days that would otherwise be working days:

  • New Years Day
  • Day After New Years
  • Provincial Anniversary Day
  • Waitangi Day
  • Good Friday
  • Easter Monday
  • Anzac Day
  • Queen's Birthday
  • Labour Day
  • Christmas Day
  • Boxing Day

The Rules

Working on a Public Holiday is voluntary for team members. If a public holiday falls on a normal working day, the team member should have first preference to working the hours that are available for work that they would normally perform on that day. 

NB: If there are more volunteers than the company requires on any given public holiday, those who are not required shall have first preference on a subsequent holiday. 

The following rules apply to days on which Public Holidays are observed:
  • If you normally work and do, you will receive time and a half plus an alternative holiday (lieu day)
  • If you don't normally work but do, you will receive time and a half. You do not receive an alternative holiday
  • If you normally work but don't, you will receive ordinary time
  • If you don't normally work and don't, you are not paid

Special Alternative Holidays for Permanent Team Members where a Public Holiday occurs on a Rostered Day off:

Where a team member is contracted to work 35 or more hours per week or at least five days per week and a public holiday falls on a non-contracted day; they will be given a paid day off to be taken at a mutually agreed time. Payment for the day off will be calculated at their ordinary rate (relevant daily pay - RDP) for the number of hours normally worked on the day on which the day off is taken. 

FAQ's

Why are these Public Holidays Important? 

Team members may be confused around payment and may be reluctant to work or feel they have been misled if they do not understand how it works. As Managers, getting your labour correct for
Public Holidays is critical. 

How do I determine what would otherwise be a working day (for both permanent and temporary team members)?

If it is not clear, the following factors must be considered:
  • The team members employment agreement
  • The team members work patterns
  • Other relevant factors including:
    • Does the team member work only when work is available
    • The team member's roster
    • The reasonable expectation that the team member would have worked on the day concerned

What happens if the public holiday would otherwise be a working day for the team member?

There are 2 possible situations:

1. The team member does not work. They will be paid relevant daily pay (Stat Holiday pay) for the day - The Payglobal code in this case would be STAT.
2. The team member works. They will be paid time and a half for the hours worked plus receive an Alternate (lieu) Day - No Payglobal code is required.


What happens if the public holiday would not otherwise be a working day for the team member?

There are 2 possible situations:
1. The team member does not work. They are not paid anything for the day.
2. The team member works. They will be paid time and a half for the hours worked but will NOT receive an Alternate (lieu) Day - The Payglobal shift code in this case is STX


Can a team member insist on working on a public holiday if it is otherwise a working day for them?

No they can’t. You have to bear in mind the CEA provision that says where if a public holiday falls on a team member’s normal day of work then they shall have first preference to working the hours that are available for work that would normally be performed by the team member on that day.
  • First you must establish whether you need the hours and then look at the rostering.
  • Managers should always take into account the need to balance the rosters and reliance on team member good will at later times.

Is working on a public holiday voluntary?

Yes it is in terms of our employment agreements. Therefore, the team needs to be asked if they are willing to work. You can either do this by asking for volunteers or by notifying those rostered to work to let you know if they do not want to work. You can set a date in advance of the actual holiday for notification to be finalised. You will need to actively manage this.


What happens when a team member works from one day across into the Public Holiday?

Example: Team member normally works from 8pm to 2am. With the team member working as normal payment would be as follows:
  • 1st day: 8pm-12 midnight Ordinary pay T1
  • 2nd day: public holiday 12 midnight – 2am T1/2 
  • 2nd day: public holiday: 8pm- 12 midnight T1/2
  • 3rd day: 12 midnight - 2am Ordinary pay T1
There is only ONE alternate day for working on the public holiday (despite the fact that the team member has worked 2 shifts on the day they are only entitled to one alternate day)


What happens if our store has different opening hours than normal on a Public Holiday?

If it is a team members normal rostered day, they will be paid STAT for the hours that the store is closed which would normally have been their working hours. They will be paid time and a half for the hours that they work once the store has opened. 


What does an Alternate Day (lieu day) reflect?

The Alternate Day is a WHOLE day. It does not matter if the team member has only worked a few hours on the actual public holiday.


When are Alternate Days taken?
  • Where possible Alternate Days should be taken within three months of accrual – they represent a public holiday missed
  • If within 12 months of the Alternate Day accruing, the manager and team member cannot agree when the Alternate Day will be taken the team member has the right to determine the date and can give 14 days’ notice
  • After 12 months the manager can give the team member 14 days’ notice of the date the Alternate Day is to be taken
  • Also after 12 months, if both parties agree the Alternate Day can be cashed up.

How can I review what entitlements team members will receive?

In Payglobal ‘Daily View’ you can check the entitlements a team member will receive in the drill down screen.
  • Select the day and use the ‘Ctrl’ ‘P’ keys on your keyboard to change to the payment view (‘Ctrl’ ‘T’ is the normal view). Scroll down the day to review each team member’s entitlement. This can be used for both roster and actual views.
  • NB: If the shifts have not been coded correctly in Payglobal the team member may receive ‘more than’ or ‘less than’ their appropriate entitlements.

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