Christmas and New Years Holidays 2011/12

As the silly season is approaching many of you will be starting to sort out your Christmas and New Year entitlements.

Under the Holidays Act 2003 Employees are entitled to four public holidays over the Christmas and New Year period. This year Christmas Day and New Year's Day fall on a Sunday, and Boxing Day and the day after New Years Day fall on a Monday.  There are special rules for the observance of the Christmas and New Year public holidays if they fall on the weekend.

How are this years Christmas and New Years Holidays to be Observed? 

Because Christmas Day and New's Day fall on a Sunday there are special rules that apply to the observance of these days.  For employees who normally work on a Sunday, Christmas Day and New Year's Day are observed on that day.  For employees who normally do not work on a Sunday, Christmas Day and New Year's Day are transferred to the following Tuesday (27 December 2011 and 3 January 2012).

This year there are no special rules for Boxing Day and the 2nd of January; these public holidays are to be observed on the day they fall (Monday 26th December and Monday 2nd January).

Entitlements when an Employee is required to work on one or more of the Christmas/New Year holidays:

If an Employee is required to work on one or more of the four public holidays, that work is paid a minimum payment of time and a half for the time they actually work on the the day(s).  If the day is also "otherwise a working day" for the Employee they are also entitled to an alternative holiday.

Entitlements when an Employee is not required to work on one or more of the Christmas/New Year holidays:

If an Employee is not required to work one or more of the four public holidays the Employee is paid for the public holiday as if they had worked as normal on the day(s) and are entitled to be paid their "relevant daily pay" or "average daily pay".  For most Employees working a regular pattern of hours, the pay cycle will continue unchanged.

An employee cannot be entitled to more than four public holidays over the Christmas and New Year period, regardless of their work pattern.

Further Information on Public Holidays:

For more information on the Christmas and New Year Holidays and Employees entitlements please  click here 623.85 Kb to download the Department of Labours Holidays and Leave Guide, or visit the Department of Labours website www.dol.govt.nz

(SOURCE: Department of Labour (information up to date as of 9th November 2011) retrieved from www.dol.govt.nz)