Public Holiday Pay and unpaid leave

 
This month we have quite a few public holidays coming up and it is important that practice managers and owners are aware of the relevant entitlements for their employees. 

Upcoming public holidays
Friday 15 April          Good Friday
Monday 18 April       Easter Monday
Saturday 16 April     Easter Saturday
Monday 25 April      Anzac Day
Sunday 17 April       Easter Sunday
Monday 2 May        Labour Day

Under the National Employment Standards (NES) Division 10, Clause 114, employees are entitled to be absent from work on a day or part day that is a public holiday. However, an employer may request an employee to work on a public holiday if the request is reasonable. 

In accordance with the NES Division 10, all full-time and part-time employees who are absent form their employment on a day that is a public holiday, must be paid at their base rate of pay for the ordinary hours of work they would have otherwise performed on that day. 

Substitute days 
Under Division 10, Clause 115 of the NES, it refers to substituted Public holidays under state or territory laws. The Health Professional and Support Service  Award 2020 and Nurses Award 2020 include terms providing an employer and an employee to agree on a substitution of a day or part-day for a day or part-day that would otherwise be a public holiday. Sub section 32.3 and 32.4 in the Health Professionals and Support Services Award 2020, outlines the substitution of public holidays by agreements and part-day public holidays.

Public holiday entitlements and penalty rates 
Health Professionals and Support Services Award 2020 (HPSS) Employees 
If your staff are required to work on a public holiday the following penalty rates apply. Clause 32, ss. 32.2 states, an employee required to work on a public holiday will be paid 250 per cent of the minimum hourly rate to their classifications and pay point for all time worked. 

Nurses Award 2020 Employees 
Payment for work done on public holidays – Under Clause 28, ss. 28.

This clause outlines that employees will be paid the following based on their employment status. 

• Full-time and part-time employees will receive 200 per cent of the minimum hourly rate applicable to their classification and pay point.
• For a casual employee, 200 per cent of the casual hourly rate will be payable.

Public Holidays falling on Rostered Days off – Clause 28, ss. 28.4 
All full-timers will receive a day’s ordinary pay for public holidays that occur on their rostered day off except where the public holiday falls on Saturday or Sunday with respect to Monday to Friday employees.

Accrued days off on public holidays – Clause 28, ss.28.5 
Where an employee’s accrued day off falls on a public holiday, another day, determined by the employer, will be taken instead. Where practical the alternative day off will be taken within the same 4 or 5 week work cycle. 

Additional leave days by mutual agreement – Clause 28, ss. 28.6
For part-time and full-time employees, instead of being paid 200 per cent of the minimum hourly rate applicable to their classification and pay point under the award, where an employer and employee mutually agree in writing at the time the public holiday is worked, an employee may be paid their ordinary rate of pay for time worked on a public holiday and have the same number of hours worked accrued to be taken as leave. This leave may be taken in conjunction with a period of annual leave.  

You can contact us via phone (07) 3872 2222 and email support workplacerelations@amaq.com.au