DHB ANZAC day “mondayising”: know your rights
ANZAC day falls on Saturday 25th April this year
The Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 “mondayises” Waitangi Day and ANZAC Day, should they fall on a weekend.
ANZAC Day this year is Saturday the 25th of April.
The Holidays Act 2003 sets out the public holiday’s minimum rules. Our collectives provide additional rights.
For employees who would not otherwise work on the Saturday or Sunday that ANZAC day falls on, the public holiday is treated as falling on the following Monday.
For employees who would otherwise work on the Saturday or Sunday that ANZAC day falls on, the public holiday is treated as falling on that day.
You can’t “double dip” and receive two public holidays in one.
Payments for public holidays
Under the PSA’s Auckland DHB clerical (clause 7.1), allied and public health and technical (clause 7) and nursing (clause 20) MECAs the following applies:
- If a public holiday falls on a day that would normally be a working day for an employee, and the employee is not required to work, they will be paid at their normal rate.
- If the employee is required to work on a public holiday, and that day would not normally be a working day, he/she is entitled to be paid at least double time for the hours worked. (The legal minimum is time and a half).
- If a public holiday does fall on a normal working day, the employee is entitled to an alternative holiday (a day in lieu) in addition to being paid double time for the hours worked. (The legal minimum is time and a half).
- Employees on call on ANZAC day (Saturday 25th) who aren’t called in to work and don’t observe ANZAC day on Monday 27th and don’t work it, are granted an alternative holiday. (Clerical clause 7.2g, Allied clause 7.5, Nursing clause 20.5).
- Allied (c7.7.2) and Nursing (c20.7) part-time employees without fixed hours are entitled to public holiday provisions if they worked on the day of the week the public holiday falls more than 40% of the time over the preceding three months.
- Full-time mental health nurses and psychiatric assistants whose rostered hours of work may require them to work on public holidays will be granted 11 additional working days leave in lieu of public holidays (Nursing c20.9).
In the situation mentioned above where a public holiday has been transferred by agreement to another day, the employee is entitled to be paid double time, and be given a day in lieu if the employee is required to work on the agreed transfer date.
For a very useful tool to establish what is otherwise a working day and other public holiday entitlements, see: http://www.dol.govt.nz/holidaytool/