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CarleyRose View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote CarleyRose Quote  Post ReplyReply Direct Link To This Post Topic: Public Holidays
    Posted: 08 December 2010 at 1:55pm
Just hoping some of you lovely ladies can help me out.

If you employ someone to work for you a week before xmas starts,do you have to pay them public holidays?

I know it 12months until you get normal holidays and 6mths for sick leave but i'm a little unsure about this one. I thought you do have to pay but someone has told me different.
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lilfatty View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lilfatty Quote  Post ReplyReply Direct Link To This Post Posted: 08 December 2010 at 1:56pm
Yes you have to pay them the stats. They wouldnt be eligible for annual leave.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Kellyfer Quote  Post ReplyReply Direct Link To This Post Posted: 08 December 2010 at 2:00pm
Yep they have to pay you the stat days, but only if they're on days you would usually work. I'm not too sure how that works this year, with most of the stat days being on the weekend... are they transferred to the closest weekday?
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CarleyRose View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote CarleyRose Quote  Post ReplyReply Direct Link To This Post Posted: 08 December 2010 at 2:02pm
Yeah i think they are, thats why i get a lovely break over xmas (just taking the three days off in between)

Thanks Guys, i thought you would have to pay them!

Thankx Heaps!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote monkeys Quote  Post ReplyReply Direct Link To This Post Posted: 08 December 2010 at 3:11pm
In answer to your question about them being carried over it all depends on what days you normally work. If you normally work Sat and Sun then they are observed on the Sat and Sun and not carried over, however if you work Mon - Fri then they will carry over to the Mon & Tues.

Hope this helps :-)
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CarleyRose View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote CarleyRose Quote  Post ReplyReply Direct Link To This Post Posted: 08 December 2010 at 3:28pm
Thanks Monkeys
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Post Options Post Options   Thanks (0) Thanks(0)   Quote myfullhouse Quote  Post ReplyReply Direct Link To This Post Posted: 08 December 2010 at 8:27pm
Don't they have to have worked the day of the holiday for the 2 weeks prior? So if the holiday is on a Monday they have to have worked the 2 previous Mondays? So if they are only working the week before xmas I don't think you do have to pay them
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CarleyRose View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote CarleyRose Quote  Post ReplyReply Direct Link To This Post Posted: 09 December 2010 at 11:14am
Oh thats interesting Linzy, maybe i should be doing a bit more research!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote LILLIS Quote  Post ReplyReply Direct Link To This Post Posted: 09 December 2010 at 11:21am
Depends on your employment - are you employed permanently or casually?
If permanent they are required to pay you for the public holidays if they fall on your usual working days - this includes if they are carried over to the weekdays.

if you are casual it will depend on how long you have been there.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote CarleyRose Quote  Post ReplyReply Direct Link To This Post Posted: 09 December 2010 at 11:39am
Originally posted by LILLIS LILLIS wrote:

Depends on your employment - are you employed permanently or casually?
If permanent they are required to pay you for the public holidays if they fall on your usual working days - this includes if they are carried over to the weekdays.

if you are casual it will depend on how long you have been there.


Would be starting a three month trial to be fulltime.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Plushie Quote  Post ReplyReply Direct Link To This Post Posted: 09 December 2010 at 11:41am
Linzy is right as far as i'm aware. I'm full time permanant but i don't get stat days unless i've worked the previous two days of the week. (ie. the two mondays before) but that is because i work shifts and they switch around. I think if you call the labour department (they have an 0800 number) they should be able to tell you.
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CarleyRose View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote CarleyRose Quote  Post ReplyReply Direct Link To This Post Posted: 09 December 2010 at 11:52am
Thanks heaps!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote _SMS_ Quote  Post ReplyReply Direct Link To This Post Posted: 09 December 2010 at 12:48pm
If you are employed casually they wont have to pay you. Only if its permanent and your normal day of work falls on the public holiday.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote fire_engine Quote  Post ReplyReply Direct Link To This Post Posted: 09 December 2010 at 1:28pm
Easiest way to find out is to ring the Employment Relations Service (part of the Department of Labour).
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Post Options Post Options   Thanks (0) Thanks(0)   Quote happymum21 Quote  Post ReplyReply Direct Link To This Post Posted: 09 December 2010 at 3:20pm
Yep what Flissty said, they are brilliant and it's free and confidential!
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jaz View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jaz Quote  Post ReplyReply Direct Link To This Post Posted: 16 December 2010 at 8:14pm
Yes, you have to pay them. I'm an HR Manager.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote _Lou_ Quote  Post ReplyReply Direct Link To This Post Posted: 16 December 2010 at 9:02pm
Yep you have to pay them. Even if you are a casual, that doesn't mean you are not entitled to be paid. I work in employment relations, and there is a lot of misunderstandings around public holidays!

The number one rule of thumb for working it out is to think, but for it being a public holiday, would I be expected to work? If yes, then yep you are due to be paid. The previous two/three/four same days of the week (i.e. the last four Mondays) is one of the ways of working out entitlement (pattern of work), but not the only way. Obviously in your situation Emma as you are only just starting, it wouldn't apply for you.

If you have any problems call Dept of Labour
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