Rules and Entitlements for the End-of-Year Holiday Season

As the holiday season approaches, both employers and employees need to plan ahead for how businesses will operate. Some businesses get busier and need staff to work extra hours or on public holidays, while others may shut down or reduce their workforce.

Here’s what you need to know about your rights and obligations during this period:

Annual Leave During a Shutdown

For employees covered by awards or agreements:
– Employers can direct employees to take annual leave during a shutdown if allowed by their award or agreement.
– Most awards require the direction to be reasonable, in writing, and with enough notice.
– Some awards allow for a shorter notice period if agreed by the majority of employees.

For employees not covered by awards or agreements:
– Employers can only direct you to take annual leave if it’s reasonable.

Employees with Insufficient Leave

If employees don’t have enough annual leave to cover a shutdown, they may:
– Agree with their employer to take leave in advance or unpaid leave (if allowed by their award or agreement).

Working During a Shutdown

If employees are required to work during a shutdown, they should receive normal pay. Public holidays during a shutdown must be paid at the appropriate rate, or employees should receive a day off.

Working Overtime or on Public Holidays

Employers can request employees to work overtime or on public holidays if the request is reasonable, considering factors like:
– Business needs
– Employee’s role and responsibilities
– Personal commitments
– The notice given for extra hours

If employees work overtime or on public holidays, their award or agreement may entitle them to penalty rates, time off, or extra leave.

Pay for Public Holidays

When a public holiday falls on an employee’s usual workday, they must be paid their base rate, even if they’re on annual leave during a shutdown. Employers can’t change rosters just to avoid paying for the holiday.

Proper planning and knowing your rights ensures a smoother holiday season for both employers and employees.