#yourquestionsanswered How to work out who to pay and what this festive season
Who do I pay time and half?
Every employee who works on a public holiday, for every hour that they actually work on that day.
Who gets a day in lieu?
Anyone who works on a public holiday and would normally work on the day of the week, ie, its an 'otherwise working day'.
Who gets paid if they don't work?
Anyone who would normally work on that day if it wasn't a public holiday, ie, its an 'otherwise working day'.
What is an 'otherwise working day'?
A day that either through a clause in the employment agreement, a pattern of work or both, an employee would normally have expected to work.
What if my business has a Christmas closedown?
You would still need to pay them on Public Holidays if it was an 'otherwise working day' for them.
Note: Even if they are on holiday or sick, you should not pay them using their annual leave or sick pay entitlements on this day instead.
For instance:
Ali works every Monday for 5 hours but never on Tuesdays. If he:
doesn't work on Xmas day (Monday) because the office is closed. Ali would be paid 5 hours anyway because it is a public holiday and its an 'otherwise working day' for him.
does work on Xmas day (Monday) but only for 2 hours. Ali would be paid time and a half for the 2 hours he worked and be given a day in lieu to take off in the future. This would be the equivalent of his normal day's pay.
works on Boxing Day (Tuesday). Ali would only be paid time and a half for the hours he works. He would not received a day in lieu because this is not an 'otherwise working day' for him.
does not work on Boxing Day (Tuesday). Ali would not be paid for the public holiday, as it is not an 'otherwise working day' for him.
Please note: This is intended to be a general overview and should not be subsititued for advice about your specific situation.