2010-11 Christmas and New Years holidays

If you work on any public holiday, you should be paid at least time and a half for the time you actually work. If you normally work on that day of the week then you should also get another day off in lieu.

You are entitled to the greater of:

- relevant daily pay less any penal rates plus half that amount again (time-and-a-half)

- or relevant daily pay including any penal rates

Is it "Otherwise a working day"?

Santa going to work againYou are entitled to a paid day off on a public holiday if it would otherwise be a working day for you. The concept of what would otherwise be a working day is important for working out your entitlement regarding public holidays.

Where the working week or roster is constant then it is usually easy to work out if you would normally be working. If your working week is not constant then the rule is that you are entitled to a day off if you worked on the same day of the week for at least 3 of the previous 4 weeks. For example, Christmas day is a Saturday this year so if you worked all or 3 of the 4 Saturdays before Christmas day then you are entitled to a paid day off. If you only worked 1 or 2 of the Saturdays then Christmas day isn't "otherwise a working day" for you.

2010 Christmas and New Year holidays

These holidays fall on Saturdays and Sundays this year.

If you normally work on a Saturday and/or Sunday but don’t actually work on the public holidaysthen you are entitled to your “relevant daily pay” for them. To calculate relevant daily pay you go to the Department of Labour's website

If you are working on these holidays and then you are entitled to at least time-and-a-half of your "relevant daily pay" rate. If you normally work on this day then you are also entitled to another day off in lieu.

If you don't normally or actually work on the Saturday or Sundays (Xmas day, Boxing Day, New Years day and January 2nd) but do normally work Mondays or Tuesdays that follow then your public holiday is observed on the Monday and/or Tuesday. This means you either get a paid day off or, if you work, you are entitled to at least time-and-a-half. If you work and normally work on that day then you should also get a day in lieu.

Download an explanation and tables with all the options here

Shifts that cross over midnight

There are special provisions if your shift starts one day and ends on another day - for example when your shift starts at 5pm on New Years Eve (not a holiday) and ends at 2am on New Years Day ( a holiday). By written agreement with your employer the holiday can be transferred to another day as long as you are due to work on that day.

Let a computer work it out for you

This is a guide only and your employment agreement may have additional provisions for holidays. If you are unsure about your legal entitlement the Department of Labour website has more detailed information and a handy online calculator which makes it fairly simple to work out what pay rate and days-in-lieu you are entitled to.