Alternative holiday

56 Alternative holiday must be provided if employee works on public holiday

(1)

An employee is entitled to another day’s holiday (an alternative holiday) instead of a public holiday if—

(a)

the public holiday falls on a day that would otherwise be a working day for an employee; and

(b)

the employee works (in accordance with his or her employment agreement) on any part of that day.

(2)

If subsection (1) applies, an employer must—

(a)

provide the employee with an alternative holiday; and

(b)

pay the employee for working on the public holiday in accordance with section 50.

(3)

The entitlement to an alternative holiday remains in force until—

(a)

the employee has taken the holiday; or

(b)

the employee has been paid for the holiday in accordance with section 60(2) or section 61.

(4)

An employee is not entitled to an alternative holiday under this section if the employee works for the employer only on public holidays.