Where the Employee works on any part of a public holiday the Employee will be paid time and a half for the actual hours worked. *(see below for the precise definition)
If the Employee works on a public holiday and that day would be the Employee's normal day of work, (i.e. 'an otherwise working day'**) then in addition to payment for the above at 'time and a half', the Employee is entitled to an alternative holiday (which will be paid, when taken, at the Employee's relevant daily pay for the day off).
If the Employee does not work on a public holiday and the Employee was not due to work that day, (i.e. not an 'otherwise working day') then the Employee is not entitled to any payment for that day and is not entitled to an alternative holiday.
An Employer may require an Employee to work on a public holiday if the public holiday falls on a day that would 'otherwise be a working day' for that employee and the Employee is required to work on the public holiday under his or her employment agreement.
* at the greater of the following rates for the hours actually worked:
(a) the Employee's relevant daily pay rate, less any penal rate that is paid for working on a particular day or particular type of day at time and a half; OR
(b) the Employee's relevant daily pay rate including any penal rate that is paid for working on a particular day or particular type of day.
** to see the precise definition, please refer to the 'Annual Holidays and Leave' ebook, which is available for purchase.
Employers Support Package (ESP) members and Employers Toolbox subscribers can download it for free from the Library section of the Employers Toolbox www.employerstoolbox.co.nz.