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.
Worked Holidays Employees who are required to work on the above-named holidays shall receive the pay due them for the holiday, plus double their base rate for all hours worked on such holiday, plus shift differential and Cost of Living Adjustment, if applicable, unless the employee starts to work at 10:00 P.M., or thereafter on that day.
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.
Annual Holidays All colleagues covered by this Agreement are entitled to holiday entitlement (inclusive of bank holidays) as set out in the table below. The entitlement is based on a working week of 40 hours across 5 days. Colleagues working other shift patterns will have a pro rata entitlement based on their contracted hours and length of service: Number of Years Service Total Holiday Entitlement in days (inclusive of bank holidays) Holiday Hours based on 40 hour contract In First 2 years’ Service 30 240 After 2 years’ Service 32 256 After 5 years’ Service 34 272 After 15 years’ Service 36 288 The increase in holiday entitlement will be effective from the start of the holiday year (1st April) following the service anniversary. Where a colleague takes a full holiday week, the deduction from their annual leave entitlement will be based on the colleague’s weekly contracted hours. For single day absences, the number of hours deducted from the annual entitlement will be the colleague’s weekly contracted hours divided by the number of contracted days. Holiday entitlement is to be taken in the period 1st April in each year to 31st March in the following year. All holidays must normally be taken within the appropriate holiday year and cannot be carried forward from one year to the next. However, and only in exceptional circumstances, the General Manager may authorise holidays to be carried forward. If a colleague does not book holidays when requested to do so the holidays may be allocated by the manager in order to avoid holiday “congestion” or the colleague losing holiday entitlement. Any occasion when the depot is closed will be counted as a day’s holiday for a colleague scheduled to work and automatically deducted from the annual holiday entitlement. This would normally happen on public holidays such as Christmas day, or in the event of planned closures. The table below provides a broad indication of the amount of holiday that colleagues should aim to take in each period. Depots will review holiday usage against these principles to ensure that holiday is taken by colleagues and there is no congestion at the end of the holiday year. April May June July August September 50% October November December 25% January February March 25% A colleague leaving the Co-op will receive payment in lieu of any holidays accrued but untaken. The Co-op will make the appropriate deductions for any holidays taken in excess of the amount accrued. Holiday Pay is calculated to ensure compliance with the Working Time Regulations: • From April 2020, holiday pay will be calculated based on average earnings over the rolling previous 52 weeks or Basic Salary, whichever is the higher. • If a colleague has less than 52 weeks service, holiday pay will be calculated based on their average earnings over the total number of weeks during which they have been employed by us or their Basic Salary, whichever is the higher. Note: average earnings will include all elements as required by law from time to time. Holidays will not be allocated but will be offered to colleagues on a ‘first come first served’ basis with maximum quotas set for each holiday week relevant to each Depot. As the holiday year runs from the 1st April until the 31st March the weekly quotas will be published at the beginning of February for the following year’s holiday entitlements.
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.
Work on Holidays An employee who is required to work, or works with prior approval, any part of a holiday shall receive holiday compensatory time for up to eight (8) hours, on an hour for hour basis, for the actual non-overtime hours worked in addition to their regular rate of pay. An employee who works overtime on a holiday shall be compensated in accordance with all applicable pay and overtime provisions. An employee must use holiday compensatory time within one (1) year after having accrued that time.
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.
PLANT HOLIDAYS 21:01 The following shall be recognized as statutory holidays: New Years Day Labour Day
(a) Where any of the above mentioned holidays fall on a Sunday, the Monday following will be recognized as a holiday. If the holiday falls on a Saturday, the Company will designate the preceding Friday, or the following Monday to be observed as the holiday. The Company and Union Committee may agree on other arrangements.
(b) Where any of the above mentioned holidays fall on a Tuesday, Wednesday or Thursday the Company and Union Committee by mutual agreement may designate the preceding Monday or following Friday to be observed as the holiday.
(c) The Company and Union Committee may mutually agree on arrangements, whereby time that normally would be paid at overtime rates may be worked at straight time rates and substituted for a normal working day or any other arrangements that the two parties deem suitable.
(d) All employees who have acquired seniority shall receive payment for such holidays based on their base rate multiplied by the number of hours which would normally have been worked on such day, subject to the following conditions: To be eligible for holiday pay, an employee must work the full of the work day immediately preceding the holiday and the full of the work day immediately following such holiday. Provided that this restriction shall not apply to:
(i) An employee who has been absent and receiving Workers’ Compensation or sick benefits under the group insurance plan up to but not including the statutory holiday where such employee works the full work day immediately following such holiday.
(ii) Nor shall this restriction apply to an employee who has worked the full workday immediately preceding such holiday but who is absent and received Workers’ Compensation or sick benefits under the group insurance plan for the work day immediately following such holiday.
(iii) Nor shall this restriction apply to an employee who is absent either the work day immediately preceding or the work day immediately following such holiday by reason of bereavement as provided in Article 20:04.
(iv) Nor shall this restriction apply to those persons granted a written leave of absence.
(v) Nor shall this restriction apply to an employee who has been late up to seventy five (75) spaces (forty five (45) minutes) the work day immediately preceding the holiday or the work day immediately following such holiday.
21:02 An employee shall receive any overtime pay to which he/she is entitled in accordance with Articles 12:01 and 12:02 for the work that he/she performs on such statutory holiday, in addition to his/her holiday pay.
21:03 For the purposes of clarity, the parties agree that the benefit provided in this article constitute a greater right or benefit than provided for in the Employment Standards Act.
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.
PAID HOLIDAYS 12.01 The following days are recognized as holidays under this Agreement: New Year's Day Family Day Good Friday Easter Sunday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Remembrance Day Boxing Day Christmas Day
12.02 Full-time employees required to work on a paid holiday shall have the option of either:
(a) Pay at the rate of two times (2x) the employee's regular rate of pay for work performed on such holiday, in addition to the employee's regular pay, or
(b) Pay at the rate of two times (2x) the employee's regular rate for work performed on such holiday and an alternate day off with pay at a time that is mutually agreed upon between the Employer and the employee. The alternate day off is to be taken within six (6) months after the holiday upon mutual agreement between the Employer and Employee.
12.03 If a paid holiday falls within a full-time employee’s normal schedule/rotation they shall have the option to either work the holiday with the appropriate pay or to request the holiday off, subject to operational requirements. Requests for the holiday off must be made prior to the work schedule being posted for that period.
12.04 In order to qualify for pay for a holiday, an employee shall complete her full shift on each of the scheduled working days immediately preceding and following the holiday concerned unless excused by the Employer or the employee was absent due to:
(a) approved sick leave;
(b) vacation granted by the Employer;
(c) the employee's regular scheduled day off;
(d) a paid leave of absence provided the employee is not otherwise compensated for the holiday.
(a) Where a holiday falls on an employee's scheduled day off, an additional day off with pay will be scheduled at a mutually acceptable time.
(b) Where a holiday falls during an employee's scheduled vacation period, her vacation shall be extended by one (1) day unless the employee and the Employer agree to schedule a different day off with pay.
12.06 A tour that begins or ends during the twenty-four (24) hour period of the above holidays, where the majority of hours worked falls within the holiday, shall be deemed to be work performed on the holiday for the full period of the tour.
