Working over Christmas?
Or maybe you're taking a well earned holiday?
Here’s the top employment tips you need to know this holiday season.
Annual Closedown periods
Your employer may have an annual closedown period for their business over the holiday period, and if they do they must give you at least 14 days of notice in writing.
If you're entitled to annual leave
If your employer closes down the business over the holiday period and you having annual leave owing, you are required to use any existing annual leave to cover the closedown period.
If you're not yet entitled to annual leave
If you are not yet entitled to annual leave (have been employed for less than 12 months), your employer must pay 8% of your gross earnings up until the closedown, and may also agree to giving you your annual leave in advance.
In this case, your employer can also agree to move the anniversary date for your annual leave entitlement to the date of the start of the closedown, so that you will next be entitled to annual leave at the next annual closedown.
No annual leave left?
If you do not have enough leave to cover the shutdown period, you can also take some leave without pay, or another form of leave if agreed by your employer).
Your employer can only make you work a public holiday if it falls on a day you would otherwise have worked, or if is noted in your employment agreement that you must be available to work public holidays. Otherwise, you do not have to agree to work on a public holiday unless you want to.
Working a public holiday?
On a day you would normally have worked
If you’re working a public holiday, you must be paid time and a half for all hours worked, and additionally, if it is a day you would normally have worked, you are also entitled to a paid day off at another time (day in lieu).
On a day you wouldn't normally have worked
If you are working the public holiday and it is not a day you would normally have worked if it had not been a public holiday, then you are still entitled to time and a half, however not a day in lieu.
Not working a public holiday?
If you are not working on a public holiday and it is a day you would normally have worked if it wasn't a public holiday, then your employer must pay you for that day at the same rate and hours you would normally have worked that day.
What is Mondayisation?
Public holidays that fall on weekends are usually transferred to the following Monday, or sometimes Tuesday.
Mondayisation only happens if you do not normally work on the public holiday calendar date, which would be the weekend.
If you normally work on both the calendar date of the holiday and the possible Mondayisation date, then your public holiday will remain on the calendar date, you don't get two public holidays.
All employees, except casual employees, are entitled to a minimum four weeks of annual leave each year.
Taking annual leave?
If you’ve planned on taking annual holidays this holiday season, you should be paid at the greater of your ordinary weekly pay or average weekly earnings.
Your employer cannot cancel any approved annual leave, unless you agree to it. You may also take annual leave in advance (accrued annual leave that you are not yet entitled to) as long as your employer agrees.
Not taking annual leave?
If you’re not taking annual holidays, you can request to cash up to one week of your four-week annual leave entitlement, in any entitlement year, providing your employer agrees. Unfortunately, your employer can decline this without reason, however it must be in writing.
Check NZ Employments Top Five Employment Tips for Christmas for more info.
Or for any other employment related information, visit Employment New Zealand.