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Public Holidays: Christmas and New YearAll employees are entitled to a paid day off on a public holiday if it would otherwise be a working day for them (see below Days that would otherwise be working days). You should also get a copy of our fact sheet on Who gets paid what on the public holidays over the Christmas 2004 - New Years 2005 period? These public holidays are separate from and additional to annual holidays. The Holidays Act 2003 provides special arrangements for the public holidays that fall over the Christmas and New Year period. These public holidays are:
The Act provides, in certain circumstances, for the transfer of Christmas and New Year’s public holidays. It sets out that, where these public holidays fall on Saturday and/or Sunday and these days would otherwise be working days for the employee, the public holidays will be observed on those days for that employee. Where Saturday and/or Sunday would not otherwise be working days for an employee, the public holidays will be observed on the following Monday and Tuesday for that employee. Days that would otherwise be working days:A day would otherwise be a working day if the employee would work on the day if it was not a public holiday. In terms of entitlements for public holidays, an employee is only entitled to be paid for a public holiday if that day would otherwise be a working day for the employee. Example: What day is the public holiday observed?If an employee normally works on Saturday and Sunday, then the employee would observe the public holidays on:
If an employee normally works Monday to Friday, then the employee would observe the public holidays on:
If an employee works Wednesday to Friday, then the employee would have no entitlement to a paid day away from work. If an employee works Saturday to Tuesday, then the employee would observe the public holidays on:
The payment of time and a half for the hours worked on a public holiday is only payable to those who work on a public holidays as detailed above. see also our fact sheet on Who gets paid what on the public holidays over the Christmas 2004 - New Years 2005 period?. An employee is NOT entitled to more than four public holidays over the Christmas and New Year period, regardless of his or her work pattern. Further informationFor further information on public holidays see the following fact sheets:
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