You are not required to pay your staff time and a half if they call in sick on a public holiday they would have otherwise worked.
Payment of time and a half is provided by Section 50. We added the bold and underlines - the legislation itself is plain text.
| Section 50 |
Employer must pay employee time and a half for working on public holiday
(1) If an employee works (in accordance with his or her employment agreement) on any part of a public holiday, the employer must pay the employee at least the portion of the employee's relevant daily pay that relates to the time actually worked on the day plus half that amount again.
(2) This section is subject to section 51 (Transitional provision for employers who already pay for work on public holidays in employee's regular pay).
There are two important points to keep in mind from this section
Payment for sick leave is covered by Section 71. The highlighted subsection 1 requires payment of the employee's relevant daily pay.
Section 71 |
Payment for sick leave and bereavement leave
(2) Despite subsection (1), an employer is not required to pay an employee for any time for which the employee is paid weekly compensation under the Injury Prevention, Rehabilitation, and Compensation Act 2001 or former Act.
(3) An employer must not require an employee to take as sick leave any time for which the employee is being paid
(4) However, if an employer pays the difference between the employee's first week compensation or weekly compensation and ordinary weekly pay , the employer may agree with the employee that he or she may deduct from the employee's current sick leave entitlement 1 day for every 5 whole days that the employer makes that payment.
Relevant Daily Pay is a defined term under the Act, and is used for calculating payment for sick, bereavement, public holidays taken, and alternative holidays taken.
We have highlighted in red the clause that specifically excludes the 50% loading from these calculations.
Section 9 |
Meaning of relevant daily pay
(3) If it is not possible to determine an employee's relevant daily pay under subsection (1), the pay must be calculated in accordance with the following formula: a div b
is the employee's gross earnings for
is the number of whole or part days during which the employee earned those earnings in the 4 calendar weeks, or longer period (as the case may be) including any day on which the employee was on a paid holiday or paid leave; but excluding any other day on which the employee did not actually work.
(4) However, an employment agreement may specify a special rate of relevant daily pay for the purpose of calculating payment for a public holiday, alternative holiday, sick leave, or bereavement leave if the rate is equal to, or greater than, what would otherwise be calculated under subsection (1) or subsection (3).
The above three sections clearly indicate that time and a half is not paid for sick leave taken on a public holiday. Look at it this way
Payment For Sick Leave If Taken On A Public Holiday
You are not required to pay your staff time and a half if they call in sick on a public holiday they would have otherwise worked more..