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Holidays and leave over the summer period

Many employers find it confusing to work out what leave their staff are entitled to with regard to public holidays. The four public holidays during the festive season can be particularly confusing as they are treated differently to other public holidays. The Department of Labour offers some guidelines.
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The general rule for public holidays is that they are taken on the day they fall. There are four public holidays that are treated differently.

These are Christmas Day, Boxing Day, New Year’s Day and 2nd of January.

When any of these four public holidays fall on a Saturday or Sunday the first step is to look at your employees’ work patterns. You need to determine if the public holiday falls on an employee’s ‘Otherwise Working Day’. You can use the Department of Labour’s Holidays Online Toolto help you with that. You can then use the chart below to help you determine which day the public holiday will be taken.

Our Holidays Online Tool also helps you to work out what to pay and what leave an employee is entitled to on public holidays. Make sure you have payroll information or a payslip handy when you use the tool.

Examples of how the 2010/11 holiday entitlements work for some common working arrangements are outlined below;

 

Not an otherwise working day 

Is an otherwise working day

Christmas Day  (Saturday 25th December)

Christmas Day taken on Monday  27th December *

Christmas Day taken on Saturday 25th December

Boxing Day (Sunday 26th December)

Boxing Day taken on Tuesday 28th December *

Boxing Day taken on Sunday 26th December

New Year’s Day ( Saturday 1st January)

New Year’s Day taken on Monday  3rd January *

New Year’s Day taken on Saturday 1st January

New Year Holiday ( Sunday 2nd January )

New Year Holiday taken on Tuesday  4th January *

New Year Holiday taken on Sunday 2nd January

*If the day that the public holiday is taken on is not an otherwise working day for that employee then the employee observes that public holiday as an unpaid public holiday.

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.

View more information on public holidays at the following links;

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This information is a guide only and may not be accurate for all situations. It should not be used as a substitute for legislation or for legal or other expert advice. The Department of Labour is happy to help you further. If you can't find an answer to your question, or you want further clarification, more detailed information or guidance on any matter covered here, contact them on 0800 20 90 20 or visit their website at www.ers.dol.govt.nz You can also write to them at PO Box 105 183, Auckland Central, 1030.