Working this Easter and ANZAC Day
To add to the confusion, we’ve got public holidays, lockdowns and temporary reductions to get our heads around.
We’ve put together a few scenarios to help you decipher the various rules.
The golden rule - a ‘normal working day’
To start, decide whether the public holiday is a ‘normal working day’ for the employee. This guides what an employee is or is not entitled to.
Scenario One
An employee works on a public holiday during lockdown (on site or from home)
If your employee works on a public holiday which would otherwise be a normal working day for them, they are entitled to:
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Be paid their relevant/average daily pay for the actual time worked that day, plus half that amount again (i.e. time and a half).
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An Alternative Holiday to be taken at a mutually agreed time.
Scenario Two
An employee who does not normally work on a public holiday (and does not work on the actual public holiday)
They have no entitlement to be paid for the public holiday.
Scenario Three
An employee who does not work because it is a public holiday
If the public holiday would otherwise have been a normal working day for the employee and they do not work because it is a public holiday, they should be paid their relevant/average daily pay.
Scenario Four
An employee does not work on a public holiday because of lockdown
Question - would the public holiday otherwise be a normal working day for them?
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Yes - they are entitled to be paid.
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No - they are not entitled to be paid.
If it’s still unclear, you need to try and reach agreement with your employee. The Holidays Act provides guidance here.
To pay or not to pay?
If your employee is not working because of the lockdown, it is arguable whether the public holiday is actually a working day for them (i.e. they were not required to work that day anyway). This means that if they do not work on the public holiday, they would not be entitled to be paid for the public holiday.
However, if you are paying your employee during lockdown (even if they are not actually working at the moment) they should be paid for any public holidays that are otherwise a normal working day for them.
If you have a temporary reduction in place, see below.
Scenario Five
What do I pay an employee for a public holiday if we’ve agreed a temporary reduction in pay?
If you have agreed to a temporary reduction in wages with an employee (e.g. 80%) and you have received a Wage Subsidy for them, you would pay them their ‘normal pay’ being the agreed reduced rate (80%) for the public holiday.
This rate of pay applies where an employee does and does not work on a public holiday that would be a normal working day.
You can use your Wage Subsidy to pay an employee for a public holiday.
Points to note
Easter Sunday is not a public holiday under the Holidays Act. If an employee works on Easter Sunday, they would be paid as if it was a normal day and no other public holiday entitlements apply.
ANZAC Day is ‘Mondayised’ meaning Monday 27th April will be recognised as the public holiday for employment purposes.
Still confused?
Give us a call. Happy to help clear up any confusion.
Enjoy your Easter in your bubbles
RYHR team
Robyn Young - 021 119 1044
Sally Vertongen - 027 453 8871
Helen McCaul - 021 914 106