public holidays - entitlements for employees working shifts or on call

The Holidays Act 2003 addresses the public holiday entitlements for employees in a number of work patterns, including:

•  employees working shifts

•  employees on call

Our Holidays Online Tool (http://www.ers.govt.nz/holidays-online-tool/default.aspx) makes it easy to work out what pay and leave an employee is entitled to on public holidays. You can also use it to work out sick and bereavement leave entitlements. Make sure you have payroll information or a payslip handy when you use the tool.

Employees working shifts are entitled to no less than:

•  their relevant daily pay for their normal rostered shift when they take a public holiday as a day off work - see factsheet titled Calculating payment for public holidays – “relevant daily pay”

•  at least time and a half payment for hours worked on the public holiday, plus an alternative holiday for each public holiday or part of a public holiday the shift covers. For example:

•  An employee starts at 10 p.m on Christmas Day and ceases work at 6 a.m. on Boxing Day. The employee is entitled to eight hours' pay of at least time and a half and two alternative paid holidays (one each for Christmas and Boxing Day).

•  An employee works from 10 p.m. on Christmas Eve until 6 a.m. on Christmas morning. The employee works the same shift beginning on Christmas night, finishing on the morning of Boxing Day. The employee is entitled to two hours' pay at the relevant rate in their employment agreement and six hours of at least time and a half for the first shift; to eight hours of at least time and a half for the second shift; and to two alternative paid holidays off (one each for Christmas Day and Boxing Day).

•  An employee working an eight-hour shift starting on ANZAC Day at 10 p.m. is entitled to two hours' pay of at least time and a half, six hours' pay at the relevant rate in their employment agreement, plus a full day's alternative paid holiday off

Employees on call on public holidays have different entitlements depending on the nature of the call-out arrangement:

•  If the employee is called out, he or she is entitled to at least time and a half for the time worked, plus a full day's paid alternative holiday (if it would otherwise have been a working day).

•  If the employee is required to restrict activities on the day to the extent that they have not enjoyed a full holiday – for example, if the employee is required to stay at home all day – but is not called out, then the employee is entitled to a full day's paid alternative holiday (if it would otherwise have been a working day).

•  If the employee is on call, but is not required to restrict activities – for example, if the employee can choose not to accept the call-out – then entitlement to an alternative paid holiday would arise only if the employee accepts a call-out and the day would otherwise have been a working day for the employee.

•  If the day would otherwise be a working day for the employee, and they do not get called into work, they are entitled to relevant daily pay for the day. Any agreement for being on call would depend on the employment agreement.

Rights to an alternative holiday do not apply where the person called out has an employment relationship with the employer only on public holidays.