Public Holidays and Mondayisation – 2022

Please note, this is an overview only, based on practical experience in dealing with these matters on a daily basis. We describe only the minimum requirements outlined by the Holidays Act 2003. Companies may go over and above, or have collective agreements that provide specific additional entitlements for public holidays. We are not lawyers and this post should not be seen as legal advice New Zealand has 11 official public holidays until 2021. Following that, an additional public holiday comes into effect (Matariki) The 10 fixed (11 from 2022) days are:

• 1 January (New Year’s Day)
• 2 January (Day after New Year’s Day)
• 6 February (Waitangi Day)
• Good Friday
• Easter Monday
• 25 April (ANZAC Day)
• Queen’s Birthday
• Matariki (from 2022) – falls on 24 June in 2022 and will change year on year
• Labour Day
• 25 December (Christmas Day)
• 26 December (Boxing Day)

In addition to these fixed days are regional public holidays (Anniversaries). This is a single day, which is recognized on a different day across each of New Zealand’s regions. Anniversary days are generally observed in their respective region on the Monday closest to their official date, except for Canterbury and Hawke’s Bay, which fall on a Friday. However, this does vary year on year. The Anniversary days in each province for 2022 are:

• Auckland – 31 January
• Taranaki – 14 March
• Hawke’s Bay – 21 October
• Wellington – 24 January
• Marlborough – 31 October
• Nelson – 31 January
• Canterbury – 11 November
• Canterbury (south) – 26 September
• Westland – 28 November
• Otago – 21 March
• Southland – 19 April
• Chatham Islands – 28 November

Otherwise Working Day

The first step is to determine whether the day would have been an otherwise working day for the employee in question. All calculations following that, rely on this to be known. From Otherwise working day » Employment New Zealand “In many cases it is easy to work out whether or not an employee would otherwise have worked on the day in question because the working pattern or roster is constant, and the employer and employee can easily agree about whether the employee would otherwise have worked that day.”

Unclear whether a day is an otherwise working day

If it is unclear whether the day is an otherwise working day for an employee, the things that the employee and employer must consider in trying to reach agreement include:

• what the employment agreement says
• the employee’s usual work patterns
• any other relevant factors such as:
  • if the employee works for the employer only when work is available
  • the employer’s rosters or other similar systems
  • the reasonable expectations of the employer and employee as to whether the employee would have worked on that day
• if the employee would normally have worked if it were not a holiday (public or alternative) or if the employee were not on leave (sick or bereavement)

The employer and employee must consider all these factors when trying to reach agreement, e.g., the employer cannot just rely on one and then conclude that the day is not an otherwise working day. Working out whether the day is an otherwise working day is a practical task, and each situation needs to be considered based on the employee’s specific situation and work pattern. If the day falls during a closedown period, the above factors need to be considered as if the closedown period weren’t in effect.

Entitlements for Public Holidays in New Zealand

Entitlements for Public Holidays are covered in the Holidays Act 2003, sections 46 to 50.

When an employee does not work

If the day would otherwise have been a working day, then the employee should be paid at Relevant Daily Pay or Average Daily pay for the day in question. If the day would not otherwise have been a working day, then the employee has no entitlement.

When an employee works

If the day would otherwise have been a working day, then the employee is entitled to:

• be paid at their Relevant Daily Pay or Average Daily Pay rate for the hours worked on the public holiday at T1.5
  • We believe that “Average Daily Pay” in this instance is not being correctly referred to in the Holidays Act 2003, because it is always possible to determine what the employee would have earned, because they actually worked on the day
  • Note it is not necessary to multiple already existing penal rates by a further 1.5. For example, if a company already pays T1.5 for working on a Saturday, it is not necessary to pay T1.5 x T1.5 for working that day, if it were a public holiday
• Receive a full alternative holiday (1 unit / day, regardless of how many hours are worked on the public holiday)

If the day would not otherwise have been a working day, then the employee is entitled to:

• be paid at their Relevant Daily Pay or Average Daily Pay rate for the hours worked on the public holiday at T1.5
  • We believe that “Average Daily Pay” in this instance is not being correctly referred to in the Holidays Act 2003, because it is always possible to determine what the employee would have earned, because they actually worked on the day
  • Note it is not necessary to multiple already existing penal rates by a further 1.5. For example, if a company already pays T1.5 for working on a Saturday, it is not necessary to pay T1.5 x T1.5 for working that day, if it were a public holiday

Monday & Tuesdayisation

This scenario occurs when a public holiday falls on a weekend (either Saturday or Sunday or both). In this case it becomes necessary to determine whether the actual public holiday (weekend day) should be recognized or whether it should be Monday or Tuesdayised. Tuesdayisation only occurs when both Christmas and both New Year days fall on a Saturday and a Sunday. In this case it is still just as important to determine whether the day(s) in question is(are) an otherwise working day for the employee.

Simple reference

• Under no circumstances is it necessary to pay an employee entitlements for the same public holiday twice
• If an employee’s otherwise working day falls on the Sunday and not the Monday, then Sunday is their public holiday
• If an employee’s otherwise working day falls on the Monday and not the Sunday, then Monday is their public holiday
• If both Sunday and Monday are an otherwise working day for the employee, then Sunday is their public holiday
• If both Christmas and Boxing Day fall on a weekend, then Saturday could be Mondayised and Sunday could be Tuesdayised
• Whichever day is determined to be their public holiday, should have the normal public holiday entitlements applied as per above

NB: it should not be necessary to make these calculations manually. Any good rostering, time and attendance and award interpretation software should be able to fully automate this process.

Employment New Zealand Flowchart

Below is a flow chart that has been published on the Employment New Zealand Website