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In previous years we have had to do funny things with public holidays over Christmas New Year. Why don't we have to do that this 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
The old Section 9 of the Holidays Act 1981, which the new Section 45 has replaced, effectively meant that in the circumstances you describe, the Saturday and Sunday would never be public holidays, and the Monday and Tuesday always were.
Whilst this was fine in the old 40 hour five days a week business environment, it had some unusual side effects in today's 24/7 society. If an employee usually worked Saturday and Sunday, and never worked Monday and Tuesday, under the old Act, the employee would have to work Christmas and Boxing day, receive no additional pay, and not be entitled to the Monday and Tuesday as public holidays.
It is this scenario that the new Section 45 has endeavoured to correct.
Payment For Sick Leave If Taken On A Public Holiday
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