Public holiday entitlements while receiving ACC weekly compensation
An employer is required to pay an employee for an unworked public holiday when it falls on an ‘otherwise working day’. An employer generally won’t have to pay an employee for a public holiday when they are on ACC because these days are not ‘otherwise working days’ for the employee. This is because while an employee is injured, there is usually no reasonable expectation that they will be at work.
There may be some exceptions to this, so it is important to make decisions about whether a day is an ‘otherwise working day’ on a case-by-case basis. This involves considering the otherwise working day test, along with checking any obligations in the employment agreement and workplace policies.
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