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ANZAC Day and 'Mondayisation'

7 April 2021 | Andrew "Andy" Ogilvie
ANZAC Day and Mondayisation

Waking up early and heading to an ANZAC Day Dawn Service can be a moving experience for any New Zealander. While ANZAC Day has been commemorated as a public holiday since 1922, it’s only since 2013 that New Zealanders have had Monday off if ANZAC Day fell on a weekend. With ANZAC Day 2021 landing on a Sunday, here’s what you need to know about the ‘Mondayisation’ of public holidays.

What is Mondayisation?

Because the majority of New Zealanders work Monday through Friday, public holidays that fall on a weekend are moved to the following Monday so more people can enjoy them. Because ANZAC Day falls on a Sunday this year, the public holiday is moved to Monday 26th April.

Who has to work on ANZAC Day?

If your employees normally work on Mondays they can only be made to work or be available on Monday 26th April, if:

  • the requirement to work on public holidays is written in their employment agreement, or
  • there is an availability clause and the employee is paid fairly to be available.

Otherwise, employees do not have to agree to work or be available during ANZAC Monday.

ANZAC Day and holiday pay

Employees must be paid for ANZAC Day, if they would normally have worked on Sunday 25th April or Monday 26th April. If they don’t normally work on these particular days, they don’t need to be paid for ANZAC Day.

Any of your employees, including casual employees, who agree to work on ANZAC Day must be paid time and a half for all hours they work. Any employees who agree to work on Monday 26th April and did not work on Sunday 25th April, must be paid time and a half, if Monday is a day that they usually work. If an employee works on both ANZAC Day and Monday 26th April, they only get paid time and a half for one of the days.

If the ANZAC Sunday or Monday falls on a day an employee would normally work, then the employee who works is also entitled to a paid day off at another time (also called a day in lieu).

Even if you close your business for either the 25th or 26th of April, or both of those days, you still have to pay employees their entitlements for the public holiday. If you close your business on both days, you cannot make your employees take annual leave on one of the days, unless you have given them 14 days’ notice.

This can all be a bit confusing, the table below from Employment New Zealand summarises the entitlements of your employees when public holidays fall on a Sunday.

Table of entitlements for a calendar date public holiday falling on a Sunday

Do you normally work Sunday?

Do you normally work Monday?

Entitlement

These are minimum entitlements. Check your employment agreement for extra entitlements.

No

Yes

Holiday mondayised


If you work on Sunday and not Monday:


You will be paid your normal rate for working Sunday. You will be provided a paid day off on Monday and will be paid your relevant daily pay or average daily pay. You will not get any alternative holiday (day in lieu).
If you work on Monday and not Sunday:

If you work on Monday and not Sunday:


You will be paid time and half for working on Monday and get a paid alternative holiday (day in lieu) for working Monday.


If you work both days:


You will be paid your normal rate for working Sunday and time and a half for working Monday. You will also get a paid alternative holiday (day in lieu) for working Monday.


If you work neither day:


You will be provided a paid day off on Monday, you will be paid your relevant daily pay or average daily pay.

No

No

Holiday mondayised


If you work on Sunday and not Monday:


You will be paid your normal rate for working Sunday. You won’t get an alternative holiday (day in lieu).


If you work on Monday and not Sunday:


You will be paid time and a half for working Monday. You won’t get an alternative holiday (day in lieu).


If you work both days:


You will be paid your normal rate for working Sunday and paid time and a half for working Monday. You won’t get an alternative holiday (day in lieu).
If you work neither day:


You won’t get any public holiday related payment for Sunday or Monday. You won’t get an alternative holiday (day in lieu).

Yes

Yes

Holiday not mondayised


If you work on Sunday and not Monday:


You will be paid time and a half for working Sunday and get a paid alternative holiday (day in lieu) for working Sunday. You won’t get any public holiday related payment for Monday.


If you work on Monday and not Sunday:


You will be paid your relevant daily pay or average daily pay for a day off on Sunday and paid your normal rates for working Monday.


If you work both days:


You will be paid time and a half for working Sunday and get a paid alternative holiday (day in lieu). You will be paid your normal rate for working Monday.
If you work neither day:


You will be paid your relevant daily pay or average daily pay, for a day off on Sunday.

Yes

No

Holiday not mondayised


If you work on Sunday and not Monday:


You will be paid time and a half for working Sunday and get a paid alternative holiday (day in lieu).


If you work on Monday and not Sunday:


You will be paid your relevant daily pay or average daily pay for a day off on Sunday. You will be paid your normal rate for working Monday.


If you work both days:


You will be paid time and a half for working Sunday and get a paid alternative holiday (day in lieu). You will be paid your normal rate for working Monday.


If you work neither day:


You will be paid your relevant daily pay or average daily pay for a day off on Sunday.

 

Giving an employee ANZAC Day entitlements

If any employees normally do not work on a Sunday, they get the public holiday on the Mondayised ANZAC Monday.

If employees would normally work on a Sunday if it was not a public holiday, then they will get their holiday entitlements on ANZAC Sunday.

If employees do not normally work on a Sunday, but work on the Mondayised ANZAC day, then their holiday entitlement is transferred to the ANZAC Monday.

Sick or bereavement leave on ANZAC Day

If an employee would have worked on a public holiday but is sick or bereaved, the day is treated as a normal paid public holiday. The employee would be paid their relevant daily pay daily pay, but would not be entitled to time and a half or an alternative holiday. Also, no sick or bereavement leave is deducted.

ANZAC day and annual holidays

If your employees are in the middle of their annual holidays during ANZAC Day, and either ANZAC Sunday or Monday is a day they normally work, they will get paid for one public holiday. This is not deducted from their annual holidays.

Please note, this is an absolute must, you and your employees cannot agree to waive this requirement.

Requests for annual holidays around ANZAC Day

Sometimes employees will request to take annual holidays around ANZAC Day. For example, requesting leave on either the Friday or Tuesday to extend the long holiday weekend by another day.

Employees are entitled to 4 weeks’ annual holidays each year when they have worked for their employer for 12 months. Prior to the 12 months, an employer may grant annual holidays in advance at their discretion.

If one of your employees wants to take their entitled annual holidays, you can’t refuse with a reasonable basis to do so. You can say no if an employee wants to take annual holidays in advance.

This should clear up employee and employer rights and obligations, so you hopefully have an opportunity to spend some time in remembrance and relax over the long weekend.

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Article by:

Andrew "Andy" Ogilvie

Associate

Andy's varied background includes banking and hotel management experience, but law is his real passion. He began as clerk in the Courts in Wellington and worked his way up to Registrar of the Court of Appeal, before running his own business and studying law.

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