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CarleyRose
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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
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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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Kellyfer
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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
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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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monkeys
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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
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Posted: 08 December 2010 at 3:28pm |
Thanks Monkeys
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myfullhouse
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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
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Posted: 09 December 2010 at 11:14am |
Oh thats interesting Linzy, maybe i should be doing a bit more research!
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LILLIS
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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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CarleyRose
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Posted: 09 December 2010 at 11:39am |
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.
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Plushie
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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
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Posted: 09 December 2010 at 11:52am |
Thanks heaps!
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_SMS_
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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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fire_engine
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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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happymum21
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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
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Posted: 16 December 2010 at 8:14pm |
Yes, you have to pay them. I'm an HR Manager.
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_Lou_
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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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