Another legal day off

June 27, 2013

in Employment

iStock_000016394154SmallLegislation has recently been passed that ensures in the future Waitangi Day and Anzac Day will be observed on the following Monday if the Public Holiday does not fall on a working day i.e. it occurs on a Saturday or Sunday.

Prior to the change in legislation Waitangi Day and Anzac Day were the only days that did not have a Mondayisation of the holiday if it fell on a non-working day.

While the days will continue to be observed on the 6th February and 25th April, respectively, if the days fall on a weekend and it is not otherwise a working day for an employee the public holiday will be treated as falling on the following Monday for that employee.

For employees who do work on weekends, the public holiday will continue to be recognised on the actual day.  If an employee does normally work on a day that is a public holiday, whether it is a weekend or Monday, then the employee will either be entitled to a paid day off on that day or if the employee does work on that day they will be paid at time and a half for any hours worked and will also be entitled to an alternative holiday.

If you have any queries in relation to how public holidays should be treated in an employer or an employee context, please contact the lawyer at Farry and Co. who normally advises you, or alternatively contact:

Paul Farry

09 379 0055 or 03 477 8870


The information contained in this publication is intended as a guide only.  It does not constitute legal advice and should not be relied upon as such.  Professional advice should be sought before applying any of the information to particular circumstances.  While every reasonable care has been taken in the preparation of this publication, Farry and Co. does not accept liability for any errors it may contain. 

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