44B Transferring whole of public holiday

(1)

An employer and employee may agree in writing (whether in an employment agreement or otherwise)—

(a)

that a public holiday specified in section 44(1) is to be observed by the employee on another calendar day or during a period of 24 hours (a transfer), if the criteria in subsection (2) are met; and

(b)

the calendar day or period of 24 hours to which the public holiday is transferred is to be treated as the employee’s public holiday for the purposes of this subpart.

(2)

The criteria are that—

(a)

the public holiday specified in section 44(1) to be transferred—

(i)

is identified; and

(ii)

would otherwise be a working day for the employee; and

(b)

the calendar day or period of 24 hours to which the public holiday is to be transferred—

(i)

is identified or identifiable; and

(ii)

would otherwise be a working day for the employee; and

(iii)

is not another public holiday or part of a public holiday; and

(c)

the purpose of the transfer is not to avoid the employee’s entitlements under sections 50 and 56 for working on a public holiday, although the transfer may have that effect.

(3)

Where an agreement to transfer a public holiday applies, the employee’s entitlements under sections 50 and 56 apply only if the employee works on the identified or identifiable calendar day or period of 24 hours to which the public holiday has been transferred.

(4)

To avoid doubt, an agreement under this section—

(a)

may be made in relation to 1 or more of the public holidays specified in section 44(1); but

(b)

must not reduce the total number of paid public holidays that the employee is otherwise entitled to in any year.

Section 44B: inserted, on 1 April 2011, by section 12 of the Holidays Amendment Act 2010 (2010 No 126).