The determination of whether a person is entitled to payment from their employer in respect of a public holiday is governed by the Organisation of Working Time Act 1997. Under the Act, for each of the nine public holidays in a year, an employee is entitled to either a paid day off on the holiday, a paid day off within a month of the holiday, an extra day’s annual leave, or an extra day’s pay. If a person is on temporary lay-off they are entitled to benefit for the public holidays that fall within the first thirteen weeks of lay-off.
Workers and employers, most of whom have been engaging for several months in reaching reasonable arrangements and accommodations in the current extraordinary circumstances, are encouraged to continue doing so in a constructive manner. No legislative amendments to an employee’s entitlement to public holidays are currently under consideration.
I trust this clarifies matters for the Deputy.