Employees 'on call' on public holidays
Employees on call on public holidays have different entitlements depending on the nature of the call-out arrangement.
What you must do
Pay 'on call' employees one of these ways:
- If you call the employee out on a day that would otherwise have been a working day for them, they are entitled to at least time and a half for the time worked, plus a full day’s paid alternative holiday.
- If you require the employee to restrict activities on the day that would otherwise have been a working day for them, to the extent that they have not enjoyed a full holiday – for example, if you require the employee to stay at home all day, but the employee is not called out – the employee is entitled to a full day’s paid alternative holiday.
- If the employee is on call, but is not required to restrict activities – for example, if the employee can choose not to accept the call-out – entitlement to an alternative holiday would arise only if the employee accepts a call-out and the day would otherwise have been a working day for the employee.
- If the employee is not called out but the day would otherwise be a working day, they would be entitled to their relevant daily pay or average daily pay.
Include details about call-out arrangements in the employment agreement. Any payment for being on call on a public holiday would be as included in the employee’s employment agreement or as negotiated by the parties. It’s important to document any special details such as this in the agreement.
Entitlements to an alternative holiday do not apply where the person called out has an employment relationship with the employer only on the public holiday.
