Mondayisation of public holidays
Introduction
Mondayised public holidays is a term used to describe when the calendar date of a public holiday falls on the weekend, causing the following Monday to become the observed holiday. For example, ANZAC Day in 2021 falls on the weekend (on Sunday 25 April 2021). Recent changes made to the Holidays Act 2003 means that, although ANZAC Day will still be observed on 25 April 2021, the public holiday will be taken on the following Monday, 26 April 2021.
If you are involved in a business or organisation that operates over the weekends, it’s a good idea to be thinking about your rosters prior to the upcoming public holidays.
Public Holiday Entitlement
If you are an employer, it can be difficult to identify which date your employees should receive their public holiday entitlements. If your business normally closes on weekends and public holidays then that won’t be too hard; you’ll just pay your employees as usual.
The problem arises when a public holiday falls on a day the business usually operates. Start by thinking about the normal working days for your staff. If Saturday or Sunday would normally be a working day, a public holiday that falls on that day should be taken on that day. Using ANZAC Day as an example, if an employee would normally work on Sunday 25 April 2021, they are entitled to take that day as their public holiday. If they would not normally work on a Sunday, then the public holiday is Mondayised and taken on Monday 26 April 2021.
According to Employment New Zealand, “each employee can get a maximum of 11 public holidays a year”, for example: if a public holiday is Mondayised, they can’t claim two public holidays (ie one for the actual date and one for the Mondayised date). Find out more about employee rights that apply to public holidays here.
An employer can’t take an employee off the roster on a public holiday, when it is a day that they would normally work. Not recognising an employee’s holiday entitlements is against the law.
Working on a Public Holiday
Employee’s can only be made to work on a public holiday if the public holiday falls on a day that they would normally work or if their contract agreement states that they have to work on public holidays. The employer must pay the employee at least time and half for working on a public holiday, and give them an alternative day off. The alternative day off ensures the employee gets their 11 public holidays each year. The time and half compensates the employee for working on a day they would otherwise be entitled to have as a holiday.
If an employee is made to work on a public holiday, but it doesn’t fall within their agreed working hours, this must be covered by an availability clause in their contract. Compensation will have to be paid for working on a public holiday. For more information about availability provisions, click here (if
you’re an employer, please contact me to discuss keeping staff on standby which can get tricky).
Employee Rights
It is important to be able to work out fairly whether a day is otherwise a working day for an employee. You can do that by looking at the usual patterns of work. An employee is entitled to a paid day off work on a public holiday or alternative holiday and may take sick leave only on days that are working days for them. If an employee must work on a public holiday and the day is otherwise a working day for them, they are entitled to an alternative holiday. If on the other hand an employee is taking unpaid planned time off and it falls during a public holiday they would then not normally be paid for that day.
If you are unsure about your employee rights or your employer obligations, please don’t hesitate to contact me on +64 21 901 735 or email me at peter@good-law.co.
Upcoming Public Holidays
April is a big month for public holidays so it will be important to get it right:
Good Friday Friday 2nd April
Easter Monday Monday 5th April
ANZAC Day Sunday 25th April or Monday 26th April
