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employment

Mondayisation of public holidays explained

Key Takeaway

Mondayisation in New Zealand shifts public holidays falling on a weekend to the following Monday (or Tuesday) if that weekend day is not an employee's usual working day. Employees receive their entitlements, such as paid time off or penal rates and an alternative holiday if they work, for one observed public holiday. This ensures fair treatment for all employees regardless of their standard working pattern.

Mondayisation of Public Holidays in New Zealand Employment Law

New Zealand employment law includes specific provisions for how public holidays are observed when they fall on a weekend. This is commonly known as "Mondayisation" (or sometimes "Tuesdayisation") and ensures that employees who do not typically work on weekends still receive the benefit of a public holiday.

What is Mondayisation?

Mondayisation is the process by which a public holiday that falls on a Saturday or Sunday is transferred to the following Monday (or Tuesday, if Monday is also a public holiday) for employees who would not otherwise work on that Saturday or Sunday [Source: Holidays Act 2003, s 45A]. This ensures that all employees generally receive a day off or additional entitlements for a public holiday, regardless of their standard working week.

A public holiday is a designated day off work, often with pay, commemorating national or cultural events [Source: Holidays Act 2003, s 45].

When Does Mondayisation Apply?

The rules for Mondayisation depend on whether the public holiday falls on a weekend day and if that weekend day is an otherwise working day for the employee.

An otherwise working day for an employee is a day that the employee would normally work if it were not a public holiday [Source: Holidays Act 2003, s 12(3)].

Here's how Mondayisation applies:

  • If the public holiday falls on a Saturday or Sunday and the employee normally works on that specific Saturday or Sunday: The public holiday is observed on the actual Saturday or Sunday. There is no Mondayisation for that employee [Source: Holidays Act 2003, s 45A(2)(a)]. The employee's entitlements apply to that actual weekend day.
  • If the public holiday falls on a Saturday or Sunday and the employee does NOT normally work on that specific Saturday or Sunday: The public holiday is transferred to and observed on the following Monday. If that Monday is also a public holiday (e.g., if Christmas Day is a Sunday, and Boxing Day is a Monday), the public holiday is then transferred to the Tuesday [Source: Holidays Act 2003, s 45A(2)(b)]. For these employees, the actual weekend day is treated as a normal working day, and the Mondayised day is treated as the public holiday.

It is important to note that an employee is only entitled to one public holiday for any given event. The law determines which day is treated as the public holiday for that specific employee [Source: Holidays Act 2003, s 45A(1)].

Employee Rights and Employer Obligations

Employers and employees have specific rights and obligations regarding public holidays, including those that are Mondayised, primarily governed by the Holidays Act 2003:

Rights if the Public Holiday is an Otherwise Working Day (whether original or Mondayised):

  • If the employee does not work on the public holiday: The employer must pay the employee their relevant daily pay or average daily pay for that day [Source: Holidays Act 2003, s 50(1)].
  • If the employee works on the public holiday: The employer must pay the employee at least time and a half for the hours worked on that day and must also provide the employee with an alternative holiday (often called a 'day in lieu') [Source: Holidays Act 2003, s 50(2)]. An alternative holiday is an additional paid day off work, to be taken at a later date agreed upon by the employer and employee [Source: Holidays Act 2003, s 60].

Obligations for Employers:

  • Accurately determine the public holiday: Employers must correctly identify which day is the observed public holiday for each individual employee based on their usual work patterns and the Mondayisation rules [Source: Holidays Act 2003, s 45A].
  • Ensure correct payment: Employers must pay employees correctly for public holidays, including time and a half and an alternative holiday if they work on an otherwise working day that is a public holiday, or simply paying for the day off if they don't work [Source: Holidays Act 2003, s 50].
  • Grant alternative holidays: When an alternative holiday is due, employers must ensure it is provided and taken within 12 months, ideally at a time agreed with the employee [Source: Holidays Act 2003, s 60].

The Employment Relations Act 2000 provides the overarching framework for employment relationships in New Zealand, including the principle of good faith which underpins discussions and agreements around public holidays and alternative holidays [Source: Employment Relations Act 2000, s 4].

When to Seek Independent Legal Advice

If there is uncertainty regarding the application of Mondayisation rules, specific entitlements for public holidays, or disputes arising from public holiday observance, an employee or employer may find it beneficial to seek independent legal advice. Information and assistance can be obtained from official bodies like Employment New Zealand, or by contacting Community Law Centres for free legal advice [https://communitylaw.org.nz/].

Key Resources