Know your public holiday penalty rates this summer
With a few public holidays coming up this summer, nurses and midwives asked us to clarify what they’re entitled to. We’ve collated this information to help.
The public holidays this summer are Christmas Day (25 December 2023), Boxing Day (26 December 2023), New Year’s Day (1 January 2024) and Australia Day (26 January 2024).
In the NSW Public Health System, entitlements for public holidays are set out in the Public Health System Nurses and Midwives’ (State) Award 2023 and depend upon your employment status and how you are rostered. The below table sets out a summary of the entitlements:
* usually required to work when rostered on
*** see explanation under Full-time: Seven-day basis
In each case, the public holiday rates are in substitution for any shift penalties that would normally have been paid.
In relation to full time employees who work on other than a seven day basis, a day worker is defined as working their ordinary hours from Monday to Friday inclusive and who commences work on or after 6AM and before 10AM each day. A shift worker is defined as not a day worker.
In relation to permanent part time employees, the award provides at 29.PART I.(v) that when a public holiday falls on a day of the week which you regularly work and you are not required to work on that day, you are entitled to have that public holiday off without loss of pay. Your employer cannot change the roster to avoid paying you for the public holiday.
In the private system, public holiday entitlements will differ from employer to employer. To find the award or enterprise agreement that applies to you please click here.
If there’s an issue with your public holiday pay please notify your manager or payroll office in the first instance to discuss this issue. NSWNMA can assist you if you’re unable to resolve the problem with your employer.
Should you require advice about your public holiday entitlements please do not hesitate to contact our Information Team on 02 8595 1234 (Metro) or 1300 367 962 (Rural) or by emailing us at email@example.com