Public holidays for employees working shifts or on call.

It can be difficult to work out public holiday entitlements for employees who work shifts or are on call.

Employees working shifts

Employees who work shifts and:

• take a public holiday as a day off work, get no less than their relevant daily pay (or average daily pay if applicable) for their normal rostered shift

• work on the public holiday get:

  • the greater of time and a half or relevant daily pay including penal rates in their employment agreement, for the actual hours worked on the public holiday, and

  • only if they would have otherwise worked on the day, an alternative holiday for each public holiday or part of a public holiday the shift covers.

Shifts split across a public holiday and a normal day

Generally, a public holiday runs from midnight to midnight, so if an employee works on any part of the public holiday (and it is an otherwise working day for them) they are entitled to an alternative holiday (as well as time and a half for the time actually worked on the public holiday).

Employees on call

Public holiday entitlements for employees depend on the type of call-out arrangement.

If the employee:

• is called out, they are entitled to at least time and a half for the time worked (plus a full day’s paid alternative holiday if they would have otherwise worked on that day).

• is on call and has to limit their activities, on the day to the extent that they haven’t enjoyed a full holiday (for example, if the employee is required to stay at home all day) but is not called out then the employee is entitled to their relevant daily pay (or average daily pay, where applicable) and a full day's paid alternative holiday if they would have otherwise worked on that day.

• is on call, but doesn’t have to limit activities, for example, if the employee can choose not to accept the call-out, then they only get an alternative holiday if they accept a call-out and they would have otherwise worked on that day (in this instance the employee would also get at least time and a half for the time they worked).

• is on call but is not called out or chooses not to accept the call-out, but they would have otherwise worked on that day, they would be entitled to their relevant daily pay or average daily pay, for the public holiday.

This doesn’t apply to an employee who is employed only to be on call on public holidays.