# Managing public holidays as an employer Official source: https://www.employment.govt.nz/leave-and-holidays/public-holidays/managing-public-holidays-as-an-employer Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Leave and holidays Public holidays Managing public holidays as an employer Public holidays Leave and holidays Public holidays Public holidays and anniversary dates Previous years: Public holidays and anniversary dates Managing public holidays as an employer Public holidays rights for employees Transferring a public holiday Alternative holidays When a public holiday falls on a weekend Restricted trading days for shops Working and trading on Easter Sunday Annual holidays Sick leave Bereavement leave Parental leave Family violence leave Jury service leave Employment Relations Education leave Time off to vote Defence force volunteers Other types of leave Employers Managing public holidays as an employer Your employees are entitled to a paid day off if a public holiday falls on a normal working day for them. Your responsibilities as an employer If an employee takes the public holiday An observed day of national, religious, or cultural significance. Special payment rates and entitlements apply to public holidays. as a day off, you must pay them what they would have received if they had worked that day – their ‘relevant daily pay’ – or, if this is not possible or practical, their ‘average daily pay’ – a daily average of their gross earnings over the past 52 weeks. You can also choose to use their average daily pay if their daily pay varies within the pay period when the holiday falls. Public holiday pay As an employer, you should also be clear on the rules around: paying employees for public holidays that fall at a time they are taking another form of leave transferring public holidays. Transferring a public holiday Mondayisation If a public holiday falls on a Saturday or Sunday and an employee doesn't usually work the weekends, the holiday is transferred to a weekday (usually Monday, but sometimes Tuesday) – this is called ‘Mondayisation’. Public holidays falling on a weekend Entitlements and conditions All employees are entitled to a maximum of 12 public holidays a year. However, an employee: cannot claim 2 public holidays if a public holiday is ‘Mondayised’ (one for the actual date and one for the Mondayised date) – even if both are ‘ otherwise working days A day that the employee would have worked had it not been a public holiday, sick leave, bereavement leave, family violence leave, annual holiday or an alternative holiday for that employee. ’ for them cannot be entitled to more than 4 public holidays over the Christmas and New Year period, regardless of their work pattern can claim only one Anniversary Day per year – for example, if an employee normally works in Auckland but is temporarily based in Wellington, you and the employee should agree which Anniversary Day will be observed. If you cannot reach an agreement, then the employee is entitled to observe the anniversary of the province in which they usually work. Public holiday and anniversary dates Otherwise working day An otherwise working day is a day that an employee would have been working had the day not been a public holiday, sick leave, bereavement leave, family violence leave, annual holiday or alternative holiday A paid day off to take at another time. Employees get an alternative holiday when they work on a public holiday that is an otherwise working day. for that employee. If an employee is taking agreed time off without pay when they would otherwise be required to work, the day would not normally be classified as an otherwise working day. In many cases it’s easy to work out whether or not an employee would otherwise have worked on the day in question because the working pattern or roster is constant. You and your employee can easily agree about whether the employee would otherwise have worked that day. It’s important to be able to work out whether a day is an otherwise working day for an employee because for example: An employee is entitled to a paid day off work on a public holiday or alternative holiday, and may take sick leave, bereavement leave or family violence leave, only on days that are otherwise working days for them. If an employee works on a public holiday and the day is an otherwise working day for them, they are entitled to an alternative holiday (unless they are employed to work only on public holidays). Annual holidays can only be taken on days that would be otherwise working days. Unclear whether a day is an otherwise working day If it’s unclear whether the day is an otherwise working day for an employee, the things that you and your employee must consider in trying to reach agreement include: what the employment agreement A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement. says the employee's usual work patterns any other relevant factors such as: if the employee works for you only when work is available your rosters or other similar systems your reasonable expectations and that of your employee as to whether the employee would have worked on that day if the employee would normally have worked if it was not a holiday (public or alternative) or if the employee was not on leave (sick or bereavement). You and your employee must consider all these factors when trying to reach an agreement. For example, you cannot just rely on one and then conclude that the day is not an otherwise working day. Working out whether the day is an otherwise working day is a practical task, and each situation needs to be considered based on the employee’s specific situation and work pattern. If the day falls during a closedown period, the above factors need to be taken into account as if the closedown period were not in effect. You cannot take an employee off the roster on a public holiday when it’s a day that they would otherwise have worked on, to avoid giving the employee public holiday entitlements. Not recognising an employee’s holiday entitlements is against the law. When an employee does not have a clear work pattern or there’s a lot of variation in work times, it may be harder to decide if a day is an otherwise working day. Factors to use to decide whether a day is an otherwise working day [PDF, 310 KB] If you’re still unsure, please contact us. Contact us Kiri alternates her shifts with Ross. Kiri’s roster requires three 10-hour days on Monday to Wednesday one week (Week 1) and the same hours on Thursday to Saturday the following week (Week 2). If Week 1 coincides with the week in which Good Friday falls, Kiri will not get paid for Good Friday or Easter Monday (that will fall in Week 2) because she would not have been scheduled to work on that Friday or Monday (they are not otherwise working days for her). Ross will be paid for both Good Friday and Easter Monday as the roster pattern would have scheduled him to work these days if they weren’t public holidays (these are otherwise working days for him). When employees work on a public holiday If an employee works on a public holiday, you must: pay them at least time and a half for the hours they work give them an alternative holiday A paid day off to take at another time. Employees get an alternative holiday when they work on a public holiday that is an otherwise working day. (also known as a ‘day in lieu’) if it's a day they would otherwise be working – unless they are employed only to work on public holidays. An employee is entitled to an alternative holiday, even if only part of their shift fell on the public holiday. Public holiday pay Alternative holidays Most of the time, it is up to the employee if they want to work on a public holiday. You can only require an employee to work on a public holiday if: it falls on a day they would otherwise be working, and their employment agreement A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement. says they have to work on the public holiday. If an employee is required to work on a public holiday that does not fall within their agreed and guaranteed hours, this must be covered by an availability clause in their employment agreement. Hours of work Shifts split across a public holiday and a normal day Generally, a public holiday runs from midnight to midnight, so if an employee works on any part of the public holiday (and it is an ‘otherwise working day A day that the employee would have worked had it not been a public holiday, sick leave, bereavement leave, family violence leave, annual holiday or an alternative holiday for that employee. ’ for them) they are entitled to an alternative holiday A paid day off to take at another time. Employees get an alternative holiday when they work on a public holiday that is an otherwise working day. (as well as at least time and a half for the time actually worked on the public holiday). Sean works an 8-hour shift from 7pm Sunday to 3am Monday, and Monday is a public holiday and an ‘otherwise working’ day for him. He is entitled to: 5 hours at his normal Sunday rate of pay for the hours 7pm to 12am, and at least time and a half of his regular pay (or average daily pay, if applicable) for the 3 hours he worked on the Monday, and an alternative holiday. Tom works 8 hours from 10pm Christmas Day to 6am on Boxing Day and both are ‘otherwise working days’ for him. He receives: 8 hours pay of at least time and a half, and 2 alternative holidays (one each for Christmas and Boxing Day). Dianne works from 10pm Christmas Eve to 6am on Christmas Day, and Christmas Day is an ‘otherwise working day’ for her. She works the same shift beginning on Christmas night, finishing at 6am on Boxing Day. Dianne gets: 2 hours pay at ordinary time (for Christmas Eve), and 6 hours pay of at least time and a half for the first shift, and 8 hours pay of at least time and a half for the second shift, and 2 alternative holidays (one each for Christmas Day and Boxing Day). Helen works an 8-hour shift starting on ANZAC Day at 10pm and ANZAC Day is an ‘otherwise working day’ for her. She is entitled to: 2 hours pay of at least time and a half, and 6 hours pay at the normal hourly rate, and an alternative holiday. Alternatively, Helen and her employer could agree to transfer the public holiday so that it covers one whole shift. When employees are on call during a public holiday If, on a day they would otherwise be working, an employee: is called out, they are entitled to at least time and a half for the time worked – plus an alternative holiday A paid day off to take at another time. Employees get an alternative holiday when they work on a public holiday that is an otherwise working day. has to limit their activities on the day to the extent that they haven’t enjoyed a full holiday – for example, if they are required to stay at home all day, but are not called out – they are entitled to be paid at their relevant daily pay The amount an employee would have been paid if they’d worked on a public holiday, alternative holiday, or on a day they took sick leave, family violence leave or bereavement leave. , or average daily pay The daily average of the employee’s total gross earnings over the past 52 weeks. (if applicable), and also get an alternative holiday is on call, but doesn’t have to limit activities – for example, if they can choose not to accept a call-out – they only get an alternative holiday if they accept a call-out. They must also be paid at least time and a half while they're on the call-out is on call but they are not called out, or chooses not to accept the call-out, they are entitled to their relevant daily pay or average daily pay for the public holiday. Alternative holidays The employee will not be entitled to an alternative holiday if they are employed to work, or be on call, only on public holidays. Transferring a public holiday An employer and employee can agree that a public holiday is taken on another day for the employee. Requests to transfer a public holiday: can be made by you or the employee must be considered in good faith An underlying principle in employment law which requires employers and employees to deal with each other honestly, openly, and in a fair and timely way. by both parties must be in writing – in the employment agreement A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement. or a separate agreement, and must meet the minimum requirements below. If you ask an employee to transfer a public holiday, they do not have to agree. Conditions when transferring a public holiday are: The day the public holiday is transferred to must be an identifiable calendar date or a 24-hour period. The day must be a normal working day for the employee. The day must not be another public holiday. You cannot make the transfer to avoid paying the employee time and a half for working on a public holiday or to avoid providing them with an alternative holiday (although this might happen). The transfer must not reduce the number of public holidays the employee gets. Transferring part of a public holiday for shift workers If an employee works shifts that span two days, you can agree with them in writing to transfer a public holiday so that it covers one whole shift. The 'day' a public holiday is transferred to must: be a 24-hour period t