I have a staff member who earned an alternative holiday working on a public holiday that fell on a Monday. Normally on a Monday they work from 8am - 12noon. She wishes to use this alternative holiday on a Friday. Also a day where she works from 8am -12 noon. If she uses this alternative holiday on a Friday does she use half of it or all of it. Also, if she uses it on a Tuesday when she normally works 8am - 5pm, does she use all of it. I really hope this makes sense.
| Section 43 |
Purpose of this subpart
The purpose of this subpart is
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What is the basis of payment for an alternative holiday?
When an Alternative Holiday is taken, it must be paid for as provided by Section 60.
| Section 60 |
Payment for alternative holiday
(1) An employer must pay an employee not less than the employee's relevant daily pay for the day which is taken as the alternative holiday.
(2) Payment for an alternative holiday must be made
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The new Holidays Act states that after 12 months you can replace an alternative day with a payment. How is this payment amount calculated?
| Section 61 |
Alternative holiday may be exchanged for payment
(1) An employee may request the employer to exchange the employee's entitlement to an alternative holiday for a payment.
(2) A request under subsection (1)
(3) If the employer agrees to the employee's request, the employer must pay the employee the amount agreed between the employer and the employee in exchange for the alternative holiday.
(4) The employer must make the payment for the alternative holiday as soon as practicable after the employer has agreed under subsection (3).
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If an employee does not normally work on the day that the Public Holiday falls but works the Public Holiday are they entitled to an alternative holiday?
In this situation, the employee must be paid time and a half for the time worked on the Public Holiday, but is not entitled to an alternative holiday.
This is set out in Section 48(1)(b) which we repeat here for clarity:
(1) If a public holiday falls on a day that would not otherwise be a working day for an employee, section 46 (entitlement to public holidays) is complied with if
Think of it this way. The employee has not "lost" their paid public holiday, because they did not have it to begin with. Because they have not lost their paid public holiday, you are not required to give them an alternative paid holiday to replace it.
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