Compliance over the Holiday Season

As an employer it is important to understand how you should be complying with Public Holidays and Leave entitlements.

Public Holidays

Public Holidays vary in each State and Territory.  It is important to understand which Public Holidays apply to your employees.  An employee’s entitlements may also vary on Public Holidays however an employee is at least entitled to their base wage.  You will need to check your employees award, enterprise agreement or registered agreement to understand what their exact entitlements are.  Employers cannot switch Public holiday entitlements in place of annual leave or regular days off.

An employer may request an employee work on a public holiday however they may refuse to work if they have reasonable grounds. The request or refusal to work may relate to the type of work, responsibilities, salary or pay and notice given.  All of these must be taken into account by both the employer and employee.

Employees who may be working interstate and not at their primary based location are only entitled to public holidays that occur at their primary location, not interstate public holidays.

Leave Entitlements

All employees except casual employees are entitled to paid annual leave at a minimum of 4 weeks per year.  Annual leave rolls over year to year if the total amount of leave has not been used within the year.  Employees must give notice of leave, and employers must have sound and just business reasons for rejecting leave requests.

Payments for annual leave are paid at an employee’s base pay rate for all hours of leave and do not include overtime, penalties, allowances or bonuses.  Leave accrues during the year except when an employee is on unpaid leave.

It is important to understand your employee’s awards, enterprise agreements and other registered agreements as they determine methods of payment for annual leave and annual leave loading paid for annual leave.

Liability limited by a scheme approved under Professional Standards Legislation.

This article has been prepared by Vanessa Baglieri, Marketing Manager. The information provided should not be relied upon as legal advice. You should speak with Rosa Raco directly about your specific circumstances via email rraco@wrlaw.com.au or phone +03 54996131.