The Mondayisation of public holidays

18 Jan 2021
Author: Andrea Twaddle
 

Calculating holiday pay has continued to dominate employer resources, with the New Year being accompanied by five Mondayised holidays. When a public holiday falls on a Saturday or Sunday, as with this Waitangi Day, the holiday may be celebrated on a weekday (“Mondayised”) for the purpose of holiday pay, depending on when an employee ordinarily works.[1] 

A public holiday will only be Mondayised for employees who do not usually work on the day the holiday falls. This requires working out what is an ‘otherwise working day’ for those employees whose pattern of work is inconsistent. A practical assessment of all relevant factors is required, which may include a review of the employment agreement, usual patterns of work, and recent rosters. 

For this Waitangi Day, which falls on Saturday 6 February, employers should consider the following:

  1. If an employee normally works on a Monday and not the actual public holiday, Monday 8 February will be treated as the public holiday. If they work on the Monday, they will be paid time and a half and a day in lieu. If they do not work, they will be paid their relevant or average daily pay.
  2. If an employee normally works on a Saturday but not a Monday, Waitangi Day (which falls on the Saturday) will be recognised as the public holiday. If they work on the Saturday, they will be paid time and a half and a day in lieu. If they do not work, they will still be paid for that day.
  3. If an employee normally works both Saturday and Monday, the holiday is not Mondayised. If they work these days, they will receive time and a half and a day in lieu for the Saturday, and will be paid normally for the Monday.
  4. If an employee does not normally work Saturday or Monday, but they work on Saturday, they will receive time and a half, but not a day in lieu.




Many employers have been caught out in retrospective audits of their Holidays Act compliance. It is timely to use this Waitangi Day to review management of leave throughout the Christmas/New Year period.

The specialist employment law team at DTI Lawyers can assist you with advice on Holidays Act compliance, audits of pay and leave, and leave calculations. Phone: 07 282 0174.



 

[1] Where Christmas, Boxing Day, New Year's Day and 2 January fall on a Sunday (where that day would not otherwise be a working day for the employee), the public holiday will be treated as falling on the Tuesday.

Back
 
 
The Mondayisation of public holidays
About the Author
Andrea Twaddle
Andrea is an experienced specialist employment lawyer and Director at DTI Lawyers. She advises on contentious and non-contentious employment law issues, including privacy, and health and safety matters. Andrea is AWI-CH qualified, and undertakes complex workplace investigations. She is a former Council Member at the WBOP District Branch of the Law Society, and Coordinator of the WBOP Employment Law Committee. Andrea is a regular commentator on employment law issues and is frequently sought as a presenter at client and industry seminars, as well as for the provision of advice to other lawyers, professional advisors and leadership teams. You can contact Andrea at andrea@dtilawyers.co.nz