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Is a full-time or part-time employee entitled to be paid for public holidays falling during a period in which they are stood down without pay?
No. In our view an employee is not entitled to receive payments for public holidays falling during a lawful period of stand down.
We note however that the stand down provisions, and in particular their interaction with public holidays, are yet to be tested before a court since the introduction of the Fair Work Act 2009 (Cth).
Is a full-time or part-time employee entitled to be paid for public holidays falling during a period in which they are on annual leave?
Yes. If the period during which an employee takes paid annual leave includes a day that is a public holiday, the employee is taken not to be on paid annual leave on that public holiday.
The employee would be paid for an ordinary day’s pay for the public holiday that falls during a period of their annual leave.
Is a full-time or part-time employee entitled to be paid for public holidays falling during a period in which they are on long service leave?
No. An employee will not be entitled to be paid for a public holiday which falls during a period in which they are on long service leave.
Section 7(7) of the Long Service Leave Act 1987 (SA) states that “Every day occurring after the commencement of a period of long service leave (including public holidays and days on which the worker would not normally have been required to work) will be counted as a day of that leave.”
Is a full-time or part-time employee entitled to be paid for public holidays falling during a period in which they are on approved leave without pay?
No. The employee is not entitled to be paid for a public holiday that falls during a period of approved unpaid leave, because the employee does not have ordinary hours of work on the public holiday.
What do I need to pay an employee who works on a public holiday?
Members are encouraged to login to the Members section of the AHA|SA website (in the Workplace Relations Tab) and access the Public Holiday Sheets for 2020 for the Hospitality Industry (General) Award 2020, Restaurant Industry Award 2020, General Retail Industry Award 2010 and the AHA|SA/United Voice Collective Agreement (Nominal expiry of May 2011). There is also a Public Holidays FAQ Fact Sheet in the same section of the website.
Further Information
Members should contact Owen, Gary or Didier if they have any further queries about the Queen's Birthday public holiday or public holidays in general.
