The question is often asked during the December holiday period whether employees should apply for annual leave on days which are usually public holidays. And the simple answer is no.
Annual leave applications must only be submitted for ordinary working days with the exclusion of public holidays. When it comes to public holiday payments, the golden rule that employer should keep in mind is as follow; if a public holiday falls on a day on which an employee would normally work, then that public holiday must be paid at a rate the employee would have received had he come to work. If the public holiday does not fall on a day the employee would normally work, then that public holiday remains unpaid.
Only in the event that the employer and employee have made prior arrangements and come to an agreement that the employee will work on a public holiday, will the rate of payment be different and should you seek advice.
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