Public Holidays 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned)
10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday:
a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work.
b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003.
c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday.
10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee.
10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked.
10.7 Off duty day upon which the employee does not work:
a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday.
b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay.
10.8 Public holidays falling during leave:
a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.
Paid Holidays – Long Weekends (a) When an employee is scheduled to work a weekend where a paid holiday falls on the Monday or the Friday, the Employer shall endeavour to also schedule the employee to work the paid holiday.
(b) When the employee is scheduled off on a weekend where a paid holiday falls on the Monday or the Friday, the Employer shall endeavour to schedule the employee off the paid holiday.
(c) In the event of a scheduling conflict, 12.07 (a) will be the deciding provision.
Termination prior to a Public Holiday (a) If the Employer terminates the employment of an Employee, the Employer will pay the Employee a day’s ordinary wages for each public holiday prescribed in this Agreement which falls within ten (10) consecutive calendar days after the date the Employee’s employment is terminated. For clarity, day one is the day after the Employee’s employment was terminated.
(b) Where two (2) or more of the holidays fall within a seven (7) day span, such holidays shall be a ‘group’ of holidays. If the first day of the group of holidays falls within ten (10) consecutive calendar days after the date the Employee’s employment is terminated, the whole group shall be deemed to fall within the ten (10) consecutive days, and the Employee will be paid a day’s ordinary wages for each such day. For example, Christmas Day, Boxing Day and New Year’s Day (or days in lieu thereof) shall be regarded as a group.
Vacation, Holidays and Sick Leave During the Term, the Executive shall be entitled to paid vacation, paid holidays and sick leave in accordance with the Company's standard policies for its senior executive officers.
LEAVE AND PUBLIC HOLIDAYS 38 Annual Leave
38.1 Employees (other than casuals) will be entitled to 4 weeks paid annual leave per annum, provided that Continuous Shiftworkers shall be entitled to one additional week’s paid annual leave.
38.2 An Employee’s entitlement to paid annual leave accrues progressively during a year of service according to the Employee’s ordinary hours of work, and accumulates from year to year.
38.3 The Employer must maintain a leave accrual system that accurately accrues annual leave progressively throughout the year in accordance with this Agreement.
38.4 Annual Leave is paid at the Ordinary Rate being paid to the Employee immediately prior to the taking of the Annual Leave, plus 17.5% loading.
38.5 Taking of Annual leave
(a) Other than the Easter and Christmas Shutdown outlined in clause 38.7, the Employer and Employee shall seek to reach agreement on the taking of annual leave at a mutually convenient time. The Employer will not otherwise unreasonably refuse an Employee’s request to take annual leave.
(b) The Employer cannot otherwise direct an Employee to take Annual Leave unless the Employer directs an Employee to take excessive accrued Annual Leave in accordance with clauses 38.6 – 38.8 of the Award.
Weekend Holidays 9.3.1. A full-time employee who works a Monday through Friday schedule and the calendar holiday falls on a Saturday, the employee shall be allowed the preceding day off. When a holiday falls on a Sunday, the employee shall be allowed the following day off. If the employee works the day preceding or following such a holiday, he/she shall be given another workday off with pay or shall receive payment for that day at the regular rate.
9.3.2. A full-time employee who works other than a Monday through Friday schedule and who is not scheduled to work on a calendar holiday shall be given at the discretion of the Employer (1) another scheduled workday off with pay, or (2) an additional day's pay at his/her regular rate if funds are available.
Saturdays, Sundays, Holidays, etc If the last or appointed day for the taking of any action or the expiration of any right required or granted herein shall not be a Business Day, then such action may be taken or such right may be exercised on the next succeeding Business Day.
Saturdays, Sundays, Holidays If the last or appointed day for the taking of any action or the expiration of any right required or granted herein shall be a Saturday or a Sunday or shall be a legal holiday in the State of New York, then such action may be taken or such right may be exercised on the next succeeding day not a legal holiday.
Annual Holidays (a) All workers shall be entitled to four weeks annual leave after each period of 12 months continuous employment with the employer, to be provided and paid in accordance with the Holidays Act 2003. The parties to this collective agreement agree that the taking of a minimum of 4 weeks paid annual leave per 12 months of employment is essential for the rest and recreation needs of all employees. Therefore the employer will not promote or accept requests from employees to pay out any of the 4 week annual leave yearly entitlement except where the employee establishes that exceptional circumstances require them to make such request.
(b) Except that Managers shall be eligible for a minimum of 5 weeks annual leave per year
(c) The parties agree that workers who are paid by direct credit to their bank account shall be paid for their annual holidays in the pay that relates to the period during which the holiday is taken.Where workers are paid other than by direct credit, annual holiday pay shall be paid before the holiday starts.
(d) Each worker is expected to take their annual leave entitlement by the due date and shall not carry over more than two weeks entitlement into the next year without mutual agreement with their employer. (i.e. leave earned in one year is to be taken no later than the end of the following year unless agreement has been reached to carry over the leave as outlined above).
(e) Annual leave may be taken in advance by agreement with the employer and will be available to employees in their first 12 months of service. Such agreement shall not be unreasonably be withheld. The parties agree that any such holiday pay paid in advance may be deducted from a worker’s final pay if she/he leaves the service before the leave has lawfully been accrued.
(f) Study leave and annual leave shall be taken at times mutually agreed between the worker and the employer. The worker is required to give reasonable notice of any application of leave. In the event that the parties are unable to reach agreement as to the timing of annual leave, the employer may require the employee to take annual leave by giving 28 days written notice.
(g) At the beginning of any twelve month period an employee may elect to take a 2% salary reduction in return for an additional weeks leave on full pay at the end of that twelve month period.
(h) Employers will provide written receipt of request for annual leave immediately if practicable.
Vacation; Holidays The Executive shall be entitled to all public holidays observed by the Company and vacation days in accordance with the applicable vacation policies for senior executives of the Company, which shall be taken at a reasonable time or times.