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ANZAC Day 2020 - Mondayisation

6 February 2020

While it is a little while away, we have had a few clubs asking about ANZAC Day this year as it falls on a Saturday and is subject to Mondayisation.

Below is a brief overview of the employee entitlements for ANZAC Day 2020, if you require further information please contact Clubs New Zealand on 0800 4 CLUBS or visit the Ministry of Business, Innovation and Employment website at https://www.employment.govt.nz/

This year ANZAC Days falls on a Saturday 25 April, if that day is not otherwise a working day for an employee, then special rules apply and the public holiday will be treated as falling on the following Monday (Monday 27th April) for that employee.  For employees that would otherwise work on a Saturday this is the day they will observe the public holiday, Mondayisation only occurs for employees where the Public Holiday (in this case Saturday) is not otherwise a working day.

When working out public holiday entitlements where Mondayisation occurs it is important to remember that an employee is only entitled to observe the public holiday once regardless of whether they work on both the Saturday and the Monday.  An employee cannot be entitled to observe ANZAC Day more than once regardless of their work pattern.

Clubs New Zealand has produced a flow chart which can be downloaded using the link below, which will help you to determine an employee’s entitlements for Public Holidays where Mondayisation applies - this flow chart will make figuring it all out MUCH easier;

Mondayisation Flowchart

An employee who normally works on the day the Public Holiday falls (Saturday):

For employees who normally work on the day the public holiday falls in this case Saturday then it is relatively straight forward to determine their entitlements as the public holiday is observed on the day it falls (Saturday 25th April).

If the employee normally works on the day that the Public Holiday falls and they are not required to work (are given the public holiday off) they have the day off with normal pay (relevant daily pay).

If the employee normally works on a Saturday and is required to work, they are entitled to time and a half for the hours worked plus an alternative holiday (lieu day).

For employees who normally work a Saturday this is the day they will observe the public holiday (the Public Holiday is not Mondayised) and they will have no further entitlements on the Monday regardless of whether Monday is also considered an otherwise working day.

An employee who does not normally work on the day the Public Holiday falls (Saturday) but usually works on a Monday:

The employee works on Saturday and not Monday: In this situation the employee would be paid their normal rate for working Saturday. The employee will then have the day off on Monday and will be entitled to be paid their relevant daily pay or average daily pay.

The employee works on the Monday and not Saturday: As they employee does not usually work a Saturday this is a normal day off and the public holiday entitlements are transferred to the Monday. The employee will be paid time and a half for the hours worked on Monday and they will also receive a paid alternative holiday (day in lieu).

The employee works both days (Saturday and Monday): The employee will be paid their normal rate for the hours worked on Saturday and time and a half for the hours worked on Monday. The employee will also receive an alternative holiday (day in lieu).

The employee does not work either day: As they employee does not usually work a Saturday this is a normal day off and the public holiday entitlements are transferred to the Monday. The employee will then have the day off on Monday and will be entitled to be paid their relevant daily pay or average daily pay.

An employee who does not normally work on the day the Public Holiday falls (Saturday) and does not usually work a Monday:

The employee works on Saturday and not Monday: The employee will be paid their normal rate for working Saturday, there are no further entitlements on the Monday.

The employee works on Monday and not Saturday: The Saturday is a normal day off with no holiday entitlements for the employee. The employee will be paid time and a half for the hours worked on Monday. They are not entitled to an alternative holiday (day in lieu).

The employee works both days: The employee will be paid their normal rate for working on Saturday and paid time and a half for working Monday. They are not entitled to an alternative holiday (day in lieu).

The employee does not work either day: These are normal days off for the employee, they are not entitled to any payment for Saturday or Monday and are not entitled to an alternative holiday (day in lieu).

 

Other Important Things to Note

Alternative Holidays

The entitlement to an alternative holiday is irrespective of the time worked on the public holiday.  For example, where an employee works from 5pm on Friday 24th to 1am on ANZAC Day (and the day that ANZAC Day falls is otherwise a working day for that employee), that employee is entitled to a whole alternative holiday paid at the employee's relevant daily pay for the day the alternative holiday is taken.

The employee's alternative holiday entitlement can be used at any time on the agreement of the employee and the employer so long as the day it is taken is considered an otherwise working day for the employee. 

Can you insist an employee works on a public holiday?

This question can cause a lot of grief for both employers and employee's. The short answer is if the public holiday falls on a normal working day for the employee and the employee's employment agreement includes a clause allowing the employer to require the employee to work a public holiday, then yes you can, the wording the employment agreement is key.

What if an employee falls sick or is bereaved on a public holiday?

Where the employee would have been working on a public holiday but is sick or bereaved, the day would be treated as a paid unworked public holiday. Therefore:

  • the employee would be paid their relevant daily pay or average daily pay, but would not be entitled to time and a half or an alternative holiday
  • no sick or bereavement leave would be deducted.

Further Information on Public Holidays

If you require further information please contact Clubs New Zealand on 0800 4 CLUBS or visit the Ministry of Business, Innovation and Employment website at www.employment.govt.nz

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