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.
Public Holiday Work (a) For Employees other than Shiftworkers, double time and a half must be paid for any Public Holiday Work with a minimum payment of four hours.
(b) For Shiftworkers, double time and a half (inclusive of their shift loading) must be paid for any Public Holiday Work with a minimum payment of four hours.
Designated Holidays A part-time employee shall not be paid for the designated holidays but shall, instead be paid four decimal two five percent (4.25%) for all straight-time hours worked.
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.
Holidays Worked When an employee works on a calendar holiday, he/she shall receive payment of the holiday at the regular rate and in addition, at the discretion of the Employer, (1) be paid at the rate of time and one half for hours actually worked on the holiday or (2) be given compensatory time off equal to one and one half the number of hours actually worked.
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.
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.
Compensation for Holidays Falling Within Vacation Schedule If a paid holiday falls on or is observed during an Employee's vacation period, she shall be allowed an additional vacation day with pay at a time mutually agreed upon by the Employer and the Employee.
Overtime Holidays Double time the regular rate for work on the following holiday(s). New Year's Day
Scheduled Holidays Holidays for certain employees, typically 24/7 facilities, are pre-scheduled on days other than the holidays mentioned in Section 1. This schedule is determined in advance. If employees who have their holiday pre-scheduled are required to work on that pre-scheduled holiday day, they are compensated as follows:
a.) Cash overtime employees are paid for the number of holiday hours pre-scheduled plus payment at the rate of time and one-half for the number of hours actually worked.
b.) Compensatory leave eligible employees are paid for the number of hours prescheduled plus credited with holiday compensatory time for the number of hours actually worked, which must be used within one (1) year after having accrued this time. This provision does not apply to an employee who is on leave without pay during the same pay period as the assigned holiday.
