PAID HOLIDAYS 12.01 All full-time nurses shall receive the following Holidays without loss of pay: New Year`s Day Labour Day Good Friday Thanksgiving Day Easter Monday Remembrance Day Victoria Day Christmas Day (December 25) Canada Day (July 1) Boxing Day (December 26) Civic Holiday Floating Holiday Family Day (3rd Monday in February) The Floating Holiday is to be taken at a time mutually agreed upon by each full-time nurse and the Employer.
(a) In order for a full-time nurse to qualify for a paid holiday and receive payment, such nurse must:
i) work her/his regular day of work preceding and following the holiday, provided that if a full-time employee is absent due to illness, the employee shall be paid for all statutory holidays during time of illness, according to the formula established under the Short Term Disability Plan. No statutory holidays are accumulated when on Short Term Disability. If a statutory holiday occurs when an employee is on authorized leave without pay, she/he shall receive statutory holiday pay provided that she/he is not on leave without pay the working day before or after the statutory holiday;
ii) and report for and perform her/his work on the holiday if she/he agreed to work that day unless excused by the Employer.
(b) A full-time nurse who qualifies for the holiday and does not work shall be paid for one (1) day at her/his normal rate of pay.
(c) A full-time nurse who works on any of the foregoing holidays shall be paid at the rate of time and one-half (1½) her/his applicable hourly rate of pay for all hours worked on such holiday. In addition, she/he will receive a lieu day off with pay.
12.03 A tour that begins or ends during the twenty-four (24) hour period of any of the above holidays, where the majority of hours worked falls within that twenty-four (24) hour period, shall be deemed to be work performed on the holiday for the full period of the tour.
12.04 When a holiday falls within a nurse’s vacation period, it shall be added to the end of her/his vacation or scheduled at a mutually agreeable time. When a holiday falls on a nurse’s regularly scheduled day or days off, it shall be scheduled at a mutually agreeable time.
(a) Lieu days are to be scheduled at a time mutually agreed between the Director of Care and the nurse.
(b) A request for the scheduling of lieu days must be submitted to the Director of Care at least three (3) working days prior to the posting of the schedule.
(c) Lieu days may be accumulated up to five (5) days. Lieu days accumulated in excess of five (5) days must be taken within two (2) pay periods before or two (2) pay periods after the holiday being observed, with mutual agreement between the nurse and her immediate supervisor.
12.06 Insofar as it is possible to do so, the Employer will do its best to equally distribute paid holidays off among its nursing staff.
12.07 If a part-time nurse is required to work on a Public Holiday, as outlined in 12.01, exclusive of the Floating Holiday the nurse shall be paid at one and one-half (1½) times her/his regular rate for all hours worked.
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.
