The following is the advice from the Employment Relations Service.
An employee cannot be entitled to more than four public holidays over the Christmas and New Year period, regardless of his or her work pattern.
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Christmas and New Year's Day this year fall on a Sunday. I understand that in this case, Tuesday becomes the public holiday. In my business, the staff work on all three of these days. Do I have to pay them time and a half for the Sunday, or the Monday and Tuesday, or all three?
First, determine which of the days would be a normal working day for the employee if it were not Christmas. Once determined, the following applies
This is covered by Section 45 which has changed the handling of the four public holidays at Christmas and New Year.
| Section 45 |
Transfer of public holidays over Christmas and New Year
(1) For the purposes of this subpart, if any of the public holidays listed in section 44(1)(a) to (d) (christmas and new year)
(2) To avoid doubt, this section does not entitle an employee to more than 4 public holidays for the days listed in section 44(1)(a) to (d) (christmas and new year).
What this section effectively says is
My employee works Wednesday, Thursday, Friday, Saturday and Sunday. We are closing on Sunday - Christmas Day but will be working every other day. What does the employee get?
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..