The Prime Minister has declared that Thursday 22 September 2022 will be a public holiday for a National Day of Mourning for Her Majesty the Queen. For businesses, this has raised concerns as many are now having to juggle complications that have arisen from the unplanned public holiday. So, what exactly does this mean for business owners?
What if an employee works?
The National Day of Mourning for Her Majesty the Queen is a one-off statutory public holiday. This means that payment of wages including any penalty rates are determined by the applicable award, agreement or other type of registered agreement that applies to that person’s employment. These can provide entitlements for working public holidays, including:
- Extra pay such as public holiday rates
- An extra day off or extra annual leave
- Minimum shift lengths on public holidays
- Agreeing to substitute a public holiday for another day
An easy rule of thumb is approach this as with any other public holiday.
Can I force an employee to work on a public holiday?
Employees don’t have to work on a public holiday. However, employers can ask employees to work on a public holiday if the request is reasonable. Similarly, employees can refuse the request to work if there are reasonable grounds. It’s important to consider and take into account the following when deciding whether or not a request is reasonable:
- The employee’s personal circumstances such as family responsibilities
- Whether the employee will get more pay such as penalty rates
- The needs of the workplace
- The type of work the employee does
- Whether the employee’s salary includes work on a public holiday
- Whether the employee is full time, part time, casual or a shift worker
- How much notice the employee was given about working
- The amount of notice the employee gives that they refuse to work
What can I do to deter employees from ‘chucking a sickie’ on Friday 23 September 2022?
It may be tempting for some employees to try to take advantage of the Thursday public holiday by ‘chucking a sickie’ on the Friday to gain a five-day weekend. As a business owner, it’s worthwhile getting on the front foot with employees in order to clearly communicate any expectations when requesting personal leave such as how to request leave, any notice requirements, and when evidence such as a medical certificate will be needed.
What if an employee requests to take leave on Friday 23 September 2022?
Some businesses may be able to readily accommodate employees taking leave on the Friday in order to gain a five-day weekend. In this instance, it’s better to know sooner rather than later so employers should be proactive and invite workers to provide as much notice as possible, and in accordance to any leave policy, to ensure minimal disruptions to business operations.
What about employees who won’t be working?
All employees have a right to be away from work on a day or part day that is a public holiday, and most awards, enterprise agreements or other types of registered agreements will set out the rules and entitlements when not working on a public holiday.
Employees who would normally work are required to be paid their base pay rate for the ordinary hours that they would have worked if it had not been a public holiday. The base rate does not include:
- Any incentive-based payments
- Bonuses
- Loadings
- Monetary allowances
- Overtime
- Penalty rates
It’s important to note that an employee’s roster cannot be changed to deliberately avoid this payment; and employees are not entitled to be paid for a public holiday if they do not normally work on the day that public holiday falls on.
Business owners should approach the National Day of Mourning for Her Majesty the Queen public holiday as any other public holiday and always check the relevant awards, enterprise agreements or other types of registered agreement that apply to your employees.
If you need assistance drafting communications for your workforce, or understanding payroll questions specific to your business, get in touch with our team.