2021/22 Christmas/New Year Holidays – The Basics

15 December 2021

What are the Public Holidays?

The answer to that question will vary, depending on the individual employee’s work pattern.

This year Christmas Day and New Years’ Day fall on a Saturday and Boxing Day and 2 January fall on a Sunday, so those Public Holidays will transfer for most, but not all, employees. In essence:

If Saturday 25 December is otherwise a working day for an employee, that day must be recognised as their Public Holiday. But if 25 December is not otherwise a working day for an employee, then Monday 27 December must be their recognised Public Holiday.
Similarly, if Saturday 1 January is otherwise a working day for an employee, that day must be recognised as their Public Holiday. But if 1 January is not otherwise a working day for an employee, then Monday 3 January must be their recognised Public Holiday.

If Sunday 26 December is otherwise a working day for an employee, that day must be recognised as their Public Holiday. But if 26 December is not otherwise a working day for an employee, then Tuesday 28 December must be their recognised Public Holiday.

Similarly, if Sunday 2 January is otherwise a working day for an employee, that day must be recognised as their Public Holiday. But if 2 January is not otherwise a working day for an employee, then Tuesday 4 January must be their recognised Public Holiday.

Note 1: An employee is not entitled to more than 4 Public Holidays over this period.

Note 2: Some employees, particularly those working part time, may not qualify for any public holidays in this period as shown below:

If neither 25 nor 27 December are otherwise working days for an employee, there is no entitlement to a Public Holiday in respect of Christmas Day.

Similarly, if neither 1 nor 3 January are otherwise working days for an employee, there is no entitlement to a Public Holiday in respect of New Years’ Day.

If neither 26 nor 28 December are otherwise working days for an employee, there is no entitlement to a Public Holiday in respect of Boxing Day.

Similarly, if neither 2 nor 4 January are otherwise working days for an employee, there is no entitlement to a Public Holiday in respect of the day after New Years’ Day.

How to decide whether a particular day would otherwise be a working day for an employee who works a variable work pattern?

If there is a roster in place that will usually govern. Otherwise, there are a number of factors to consider, such as the employee’s employment agreement, the employee’s work pattern and whether the employee would otherwise have worked on the day, but for the public holiday. As a guide:

If an employee has worked on a given day of the week for at least 7 out of the previous 13 weeks, it may be reasonable to conclude that day is “otherwise a working day” for the employee.

If an employee has worked on a given day for at least 3 out of the previous 5 weeks it may also be reasonable to conclude that day is “otherwise a working day” for the employee. This option recognises there may have been a recent change of work pattern.

Payment for working on a Public Holiday

Payments for the Christmas/New Year public holidays are the same as for any other public holiday:

Every person who works on a public holiday is entitled to be paid not less than time and a half (as defined in the Act).

But only employees for whom that day would otherwise be a working day, are entitled to an Alternative Holiday.

Payment for an Alternative Holiday

Payment for the Alternative Holiday is at the employee’s relevant daily pay for the day on which they take the Alternative Holiday. The period of time spent working on the Public Holiday has no bearing on the matter. Therefore, if you’re asking an employee to work for only a short period on a Public Holiday, be aware they will be entitled to a whole Alternative Holiday on pay at a later date.

Employees on Standby

Employees on standby on a Public Holiday are also entitled to an Alternative Holiday even if they are not actually required to perform any work, provided the nature of the restriction imposed by the on-call condition on the employee’s freedom of action is such that, for all practical purposes, the employee has not had a whole holiday.

Please call if you have a question – Tony 021 920 323, Justine 021 920 410, Michelle 021 993 735