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Winter 2006

Public Holidays - Who gets paid for public holidays?

A number of HACSU members across a variety of worksites within the Health Industry have encountered a similar problem with regard to their regular shifts falling on public holidays.

These members are either permanent part-time with pro-rata entitlements or permanent part-time receiving the twenty percent loading in lieu of standard entitlements, like annual leave.

Example 1. Permanent Part Time with Pro-rata Entitlements

Helen* was employed to work fifteen hours per week in an administrative position and had a permanent arrangement to work Monday, Tuesday and Thursday. She had a written letter of appointment guaranteeing fifteen hours per week work.

Helen received pro-rata entitlements, meaning that she has the same sort of entitlements as a permanent full-time worker, such as annual leave, paid sick leave and access to public holidays, but in proportion to her reduced working hours.

Helen's manager advised her that she would not be required to work on public holidays. However, after receiving her payslip following a public holiday, Helen realised that she was not being paid for public holidays that fell on her normal days of work. When she queried her pay, she was advised to take annual leave to prevent a shortfall. As many public holidays fall on a Monday, Helen was being asked to use at least one week of her annual leave to supplement her normal wage.

Once Helen alerted HACSU of the situation, the Director of her workplace was contacted for a meeting. HACSU explained that Helen was contracted to work fifteen hours per week, and the organisation should have either provided her with fifteen hours work, or paid her the normal wage when public holidays fell on her normal days of work. The Director agreed, and Helen's annual leave balance was restored to the appropriate level.

Example 2. Permanent Part Time with an additional twenty percent loading

Roger* had a letter of appointment stating he would be employed for thirty hours per fortnight as a cleaner.

He was rostered to work on Monday, Tuesday and Wednesday one week, and Wednesday, Thursday and Friday the next week.

The unit where Roger worked is always closed on public holidays, and he had been told that because it is closed, his services were not required. As he receives the twenty percent loading, he would not be paid for public holidays that fell during his normal working hours.

Roger accepted this until his workplace delegate argued that Roger was legally entitled to his thirty hours per fortnight because of his permanent status.

Roger contacted HACSU for advice on this matter, and he was informed that the employer should either find other work for him in another unit on that day or provide another day for him to work to maintain his 30 hours per fortnight.

Casual Employees

Employees who do not have set days of work will only be entitled to pay for a public holiday if they work on that day, in which case most ought to receive penalty rates for public holiday work.

* Names have been changed