Workplace News
Nurses and Midwives: Know Your April Public Holiday Penalty Rates
With 13 public holidays in NSW this year (and a few coming up for Easter), nurses and midwives asked us to clarify what they’re entitled to. We’ve collated this information to help.
The public holidays for April are Good Friday – Friday 7 April, Easter Saturday – Saturday 8 April, Easter Sunday – 9 April, Easter Monday – Monday 10 April, ANZAC Day – Tuesday 25 April.
In the NSW Public Health System, entitlements for public holidays are set out in the Public Health System Nurses and Midwives’ (State) Award 2022 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 gensec@nswnma.asn.au
Have further questions? NSWNMA Members can contact the Association for support here. To find out more benefits of being a member or to join the NSWNMA, visit this page.
Mark Quealy says
With the majority of nurses in our operating theatres working Full Time Rotating Rosters there is always additional confusion when it comes to leave entitlements. Should a nurse be rostered to work each of of the 12 days allocated to the general workforce for public holidays, what provision is made to alleviate this? As I understand it the additional 10 days (making 6 weeks annual leave) is meant to cover this 12 day shortfall!
Mandy Fullston says
So I am an employee of Baptistcare at Warabrook and have been now for over 20 years. Many years ago I decided on a public holiday that I would get 150% pay and 1 day was accrued to my Sunday/Public holiday accrual. An email was sent to me from the union regarding Easter holidays stating permanent part time employees receive 250% or 150% pay with 1 day accrued to an additional day of Annual Leave. Is this correct
Mandy Fullston says
So why am I getting an extra day in my public holiday leave rather than an additional day in my annual leave