Easter and ANZAC Day 202330 March 2023
- Friday 07 April - Good Friday
- Monday 10 April - Easter Monday
- Tuesday 25 April - ANZAC Day
The above are public holidays, but Easter Sunday is not.
Entitlements for Easter and ANZAC Day are straight forward this year because ANZAC Day doesn't fall on a Saturday or Sunday.
If any of the public holidays concerned fall on a day that would otherwise be a working day for the employee, then:
- If the employee does work, they are entitled to be paid the appropriate portion of their relevant daily pay, plus half that amount again; and an alternative holiday on pay at a later date.
- If the employee does not work, they are entitled to be paid their relevant daily pay.
If the day in question is a day the employee would NOT otherwise work, they observe the holiday but are not entitled to any payment.
Otherwise a Working Day
For employees with a fixed work pattern, it is easy to decide whether a particular day would otherwise be a working day for an employee.
Where it is not clear, the employer is required to take into account a number of factors such as the employment agreement, the employee’s work patterns and other relevant factors such as the roster, the reasonable expectations of the employer and the employee that the employee would work on the day concerned and whether, but for the day being a public holiday, the employee would have worked on the day concerned.
As a guide, note that the Holidays Act taskforce recommendations provide that if an employee has worked on 50% or more of the corresponding days in either the previous 4 or 13 weeks, then the day should be considered otherwise a working day.
Under the current law, only some businesses are allowed to open on Easter Sunday. The rules are set by local councils. In the case of Auckland for example, the businesses that can trade are as follows:
- service stations
- restaurants and cafes
- take away food shops
- duty free stores
- garden centres
- shops at public transport stations and at shows or exhibitions
- certain services (e.g. hairdressers, video rental and real estate agencies)
- shops in Parnell Road.
Employee Entitlements on Easter Sunday
Unless the employee’s employment agreement provides for payment on Easter Sunday:
- If the employee does work on Easter Sunday, they are only entitled to their ordinary rate of pay (unless you agree to something better).
- If the employee does not work on Easter Sunday, they are not entitled to payment.