Public holidays can be a bit of a minefield at times. With back to back weeks of public holidays, the Christmas and New Year period in particular can be a bit of a headache. To help you decode everything you need to know, we’ve summarised the 2022 Christmas public holiday essentials in this guide.
Christmas and New Year Public Holiday Dates 2022-2023
Christmas Day
Sunday, 25th December 2022 or Tuesday 27th December 2023
Boxing Day
Monday, 26th December 2022
New Year’s Day
Sunday, 1st January 2023 or Tuesday 3rd January 2023
New Year’s Holiday
Monday, 2nd January 2023
Transfer of Public Holidays over Christmas 2022 and New Year 2023
Christmas Day and New Year’s Day will fall on Sundays and are therefore subject to the transfer of Christmas and New Year public holidays provisions of the Holidays Act 2003.
- If a public holiday falls on a Sunday, and the day would otherwise be a working day for the employee, the public holiday must be treated as falling on that day and will not transfer.
- If a public holiday falls on a Sunday, and the day would not otherwise be a working day for the employee, the public holiday must be treated as falling on the following Tuesday.
Where Sunday is the public holiday for an employee, the Tuesday will just be treated as an ordinary day. If you do not require the employee to work on the Tuesday then annual leave or changes in rostered days may be considered as options as long as you comply with the Holidays Act 2003 and any relevant terms in your employment agreements.
It is best to consider the impact of the transfer provisions and public holiday dates in advance and discuss these with your employees. Discuss the requirements your business may have and make a plan that is mutually beneficial for you and your team well in advance of the holiday season.
If Sunday is a normal working day for the employee
Christmas Day will be on Sunday 25th December 2022
Boxing Day will be on Monday 26th December 2022
New Year’s Day will be on Sunday 1st January 2023
New Year’s Holiday will be on Monday 2nd January 2023
If Sunday is not a normal working day for the employee
Boxing Day will be on Monday 26th December 2022
Christmas Day will be on Tuesday 27th December 2022
New Year’s Holiday will be on Monday 2nd January 2023
New Year’s Day will be on Tuesday 3rd January 2023
NOTE: Employees are entitled to a maximum of four public holidays over this period.
When is a day a Public Holiday?
All employees for whom the day would otherwise be a working day will be entitled to a paid public holiday not worked or an alternative holiday and payment at time-and-a-half if they work on the day.
Employers therefore need to consider whether the day on which the public holiday falls is otherwise a working day for each employee in order to determine the employees public holiday entitlements. The otherwise working day test applies to all employees regardless of whether they are permanent, fixed-term, casual, or have just started working with you.
Otherwise Working Day Test
In most situations it will be clear whether the day on which the public holiday falls would otherwise be a working day for an employee.
However, if it is not clear, an employer and employee should consider the following factors with a view to reaching an agreement on the matter. Things to consider include:
- The employee’s employment agreement,
- The employee’s work patterns,
- Whether the employee works for the employer only when work is available,
- The employer’s rosters or other work or scheduling systems,
- The reasonable expectations of the employer and the employee that the wemployee would work on the day concerned, and
- Whether, if the day wasn’t a public holiday, the employee would have worked on the day concerned.
Public Holidays Payable During Christmas/ New Year Closedown
If a public holiday falls during a closedown period, the factors listed above in relation to what would otherwise be a working day must be considered as if the closedown was not in effect. This means that employees may be entitled to be paid public holidays during a closedown period.
Annual Holidays, Public Holidays, and Termination
A public holiday that occurs during an employee’s annual holidays is treated as a public holiday and not as annual leave.
An employee who has an entitlement to annual leave at the time that their employment is terminated will be entitled to be paid for a public holiday if the holiday would have:
- Otherwise been a working day for the employee; and
- Occured during the employees annual leave had they taken their remaining leave entitlement immediately after the date on which their employment came to an end.
When applying the provision you are only required to count the annual leave entitlement the employee has when their employment ends. Employees are entitled to four weeks annual leave at the end of each 12 months of continuous employment.
Public Holiday Transfer
The Holidays Act 2003 allows an employer and employee to agree in writing to transfer a holiday to any 24 hour period.
This means that with agreement, a public holiday may be transfered:
- by a few hours to match shift arrangements,
- to a completely different day.
In the absence of a written agreement, a holiday is observed midnight to midnight.
Please note that this guide is not comprehensive and is no substitute for professional advice tailored to your specific business. If you need specific assistance or guidance, reach out to the MBP Support Team on 0800 86 85 86 or [email protected].