Your rights: Public holiday work must be paid for

Q: I am a small employer confused about the time-and-a-half provision in the new Holidays Act.

I recently heard someone on salary saying that they wouldn't be receiving time-and-a-half when they worked on a public holiday.

I thought all employment contracts had to include a time-and-a-half provision. Can you please clarify?

A: You are correct. All employees who work on a public holiday are entitled to receive at least time-and-a-half for the hours they work, whether or not they are paid salary or wages.

The Holidays Act 2003 provides that this right must be recorded in all employment agreements. Employees who work on a public holiday that, for them, would have been a working day are also entitled to an alternative holiday on another day.

But it appears many salaried employees, particularly those who earn significant salaries, recognise the remuneration they receive is payment for all the hours they work to do their job.

Despite the law change, they are often not asking for time-and-a-half or, in some cases, a day in lieu, even though they are legally entitled to do so.