Public Holidays
- Monday 25 December 2023 - Christmas Day
- Tuesday 26 December 2023 - Boxing Day
- Monday 1 January 2024 - New Year’s Day
- Friday 26 January 2024 – Australia Day
What does this mean for private practices?
Under the National Employment Standards permanent part-time and full-time employees who normally work on a day that is a public holiday are to be paid for the ordinary hours they would have worked but for the public holiday.
If an employee’s normal workday does not fall on the public holiday, they are not entitled be paid for this day. Rosters cannot be changed to avoid payment. Casual employees are not entitled for payment if they do not work on the public holiday.
What if I need my employees to work on a public holiday?
You can ask your employees to work on a public holiday if the request is reasonable. However, employees are allowed to refuse this request, based on reasonable grounds.
When an employee agrees to work on a public holiday, they must be paid the applicable penalty rates in the relevant Award.
Health Professionals and Support Services Award 2020
Any employee required to work on a public holiday will be paid 250% of the minimum hourly rate applicable to their classification and pay point for all time worked (Clause 33.2)
All work done by an employee during ordinary shifts on a public holiday, including a substituted day, will be paid at:
- (i) For a full-time and part-time employee, 200% of the minimum hourly rate applicable to their classification and pay point.
- (ii) For a casual employee, 200% of the casual hourly rate. (Clause 28.2).
What if my employee is already going to be on leave for that day?
If a public holiday falls on a day that your employee is already on paid leave (such as annual leave or sick leave) they are to be paid at their ordinary hourly rate, but the day is not counted as leave. If the employee has already had the day deducted from their leave accrual, this needs to be reversed and credited back to them. If an employee is currently on unpaid leave, then they are not paid for the public holiday.
Can I direct my employees to take annual leave if we close the practice?
The HPSSA (clause 27.5) and the Nurses Award (clause 22.7) allow a medical practice to temporarily shut down, for instance over the Christmas or Easter period, and direct their employees to take annual leave for that period. However, there are some important Award obligations to meet when doing this.
1. Employers are required to give affected employees at least 28 days written notice that they intend to shut down their Practice temporarily and that the employee will be required to take annual leave during the shutdown period.
2. A direction to take annual leave during a Practice shutdown needs to be reasonable. When determining what is reasonable, consider the amount of notice you are giving (ideally more than the mandatory 28 days), the duration of shut down, and whether you intend to shut the Practice at other periods throughout the year.
3. If an employee does not have enough paid annual leave to cover the shutdown, the employee and employer may agree that the employee may take annual leave in advance or unpaid leave. Make sure any agreement is written down.
What do you need to do going forward?
Set a reminder in your calendar at least 28 days before you plan to have any Practice shutdowns, to give your self-time to notify staff inwriting of your plans.
Be aware of your employees’ annual leave balances and who might need to take annual leave in advance.
If you and you employee agree that the employee may take leave without pay, make sure this agreement is recorded in writing.
Would you like more information on this issue?
For further assistance in assessing your options and other employment-related enquiries, please contact the Workplace Relations Team at workplace@amansw.com.au or on (02) 9439-8822.
Kind Regards,
AMA (NSW) Workplace Relations Team
