Entitled to pay for New Years Day?

Rules

Your entitlement to public holidays is set out in the [broken link removed]. Most employees are entitled to paid leave on public holidays. One exception is part-time employees who have not worked for their employer at least 40 hours in total in the 5 weeks before the public holiday.

Employees who qualify will be entitled to either the public holiday off as paid leave or one of the following alternatives:

• A paid day off within a month of the public holiday
• An additional day of annual leave
• An additional day's pay
• The nearest church holiday to the public holiday as a paid day off

The Organisation of Working Time Act provides that you may ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer fails to respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.

Part-time employees who are entitled to public holiday leave, but are not due to work on that particular day should receive one-fifth of their weekly pay instead of the actual day's leave.

You are entitled to leave for any public holidays that occur while you are on maternity leave, parental leave or adoptive leave. These rights are set down in law in the [broken link removed], the [broken link removed], and the [broken link removed] respectively.

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