Public Holidays

To pay, or not to pay?

Many practices have closed down, other than for emergencies or essential treatment, due to government or regulatory directions.

Employers are doing their best to look after their employees, as well as ensure there is a business for them to return to. During this time we have found that most practices have stood down their employees, reduced their hours by agreement, or asked them to take leave (with or without pay). In many cases, roles have also been made redundant.

For those who remain employed, it is important to understand whether you are required to pay for the upcoming public holidays over Easter.

According to the law, permanent employees who ordinarily work Easter Friday or Monday, are required to be paid for those days. You are also required to pay employees where they are:

  • on paid annual or personal leave, or
  • stood down in accordance with the Fair Work Act

The situation is different for employees that are on leave without pay. If your employee has agreed to take leave without pay on Easter Friday or Monday, then your employee is not entitled to be paid for the public holidays.

If you have temporarily reduced an employee’s hours by agreement so that for example, rather than working 5 days the employee now works Wednesday to Friday only, then your employee is only entitled to be paid for Easter Friday and not Easter Monday – because he/she would not ordinarily work Mondays due to the change of hours.

Employment law is complex, and getting it right is important. If you are unsure of your obligations, feel free to contact us for a confidential discussion:info@clinlegal.com.au