Holidays Worked When an employee works on a calendar holiday, he/she shall receive payment of the holiday at the regular rate and in addition, at the discretion of the Employer, (1) be paid at the rate of time and one half for hours actually worked on the holiday or (2) be given compensatory time off equal to one and one half the number of hours actually worked.
Rostered Days Off 38.1 The ordinary working hours shall be worked in a ten (10) day/two (2) week cycle, Monday to Friday inclusive with eight (8) hours worked on each of nine days within the cycle and with 0.8 of an hour on each of those days accruing toward the tenth day, which shall be taken as a paid day off. The tenth day will be known as the Rostered Day Off or (RDO).
38.2 RDOs are paid at the ordinary time rate paid to Employees at the time of taking the RDO and will include the daily ‘Fares & Travelling Allowance’, and any applicable Site Allowance as prescribed by this Agreement.
38.3 For clarity, 26 RDOs will be accrued by an Employee in each twelve months continuous service. The Employer must maintain a RDO accrual system that accurately records the accrual of RDOs in accordance with this Agreement.
38.4 Each day of paid leave taken and any public holiday occurring during any cycle of two weeks will be a day worked for accrual purposes.
38.5 Upon commencement of employment, Employees who have not worked a complete ten (10) day/two (2) week cycle, will receive pro-rata accrual entitlements for the first RDO or group of RDOs falling after their commencement of employment. An Employer and Employee may agree to RDO accruals in advance in instances where the Employee does not have sufficient RDO accruals when an RDO falls due.
38.6 Upon termination of employment, an adjustment will be made to ensure that the full RDO entitlements, and no more, have been provided. This means that Employees then having received more RDOs than they were entitled to will have the relevant amount removed from final termination payments, and Employees who have received less than their full RDO entitlement will have the outstanding amount added to final termination payments.
Public Holidays 10.1 The following days shall be observed as public holidays: New Year's Day 2 January Waitangi Day Good Friday Easter Monday ANZAC Day Sovereign's Birthday Labour Day Christmas Day Boxing Day Anniversary Day (as observed in the locality concerned)
10.2 The following shall apply to the observance of Christmas Day, Boxing Day, New Year’s Day or 2 January, where such a day falls on either a Saturday or a Sunday:
a) Where an employee is required to work that Saturday or Sunday the holiday shall, for that employee, be observed on that Saturday or Sunday and transfer of the observance will not occur. For the purposes of this clause an employee is deemed to have been required to work if they were rostered on, or on-call and actually called in to work. They are not deemed to have been required to work if they were on-call but not called back to work.
b) Where an employee is not required to work that Saturday or Sunday, observance of the holiday shall be transferred to the following Monday and/or Tuesday in accordance with the provisions of Sections 45 (1) (b) and (d) of the Holidays Act 2003.
c) Should a public holiday fall on a weekend, and an employee is required to work on both the public holiday and the week day to which the observance is transferred, the employee will be paid at weekend rates for the time worked on the weekday/transferred holiday. Only one alternative holiday will be granted in respect of each public holiday.
10.3 In order to maintain essential services, the employer may require an employee to work on a public holiday when the public holiday falls on a day which, but for it being a public holiday, would otherwise be a working day for the employee.
10.4 When employees work on a public holiday as provided above they will be paid at double the ordinary hourly rate of pay (T2) for each hour worked and they shall be granted an alternative holiday. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
10.5 An employee who is on call on a public holiday as provided above, but is not called in to work, shall be granted an alternative holiday, except where the public holiday falls on a Saturday or Sunday and its observance is transferred to a Monday or Tuesday which the employee also works. Such alternative holiday shall be taken and paid as specified in the Holidays Act 2003.
10.6 Those employees who work a night shift which straddles a public holiday, shall be paid at public holiday rates for those hours which occur on the public holiday and the applicable rates for the remainder of the shift. One alternative holiday shall apply in respect of each public holiday or part thereof worked.
10.7 Off duty day upon which the employee does not work:
a) Fulltime employees – For fulltime employees and where a public holiday, other than Waitangi Day and ANZAC Day when they fall on either a Saturday or Sunday, falls on the employee’s rostered off duty day, the employee shall be granted an alternative holiday at a later date. In the event of Christmas Day, Boxing Day, New Year’s Day or 2 January falling on either a Saturday or Sunday and a full time employee is rostered off duty on both that day and the weekday to which the observance is transferred, the employee shall only receive one alternative holiday in respect of each public holiday.
b) Part-time employees – Where a part-time employee’s days of work are fixed, the employee shall only be entitled to public holiday provisions if the day would otherwise be a working day for that employee. Where a part-time employee’s days are not fixed, the employee shall be entitled to public holiday provisions if they worked on the day of the week that the public holiday falls more than 40% of the time over the last three months. Payment will be relevant daily pay.
10.8 Public holidays falling during leave:
a) Leave on pay When a public holiday falls during a period of annual leave, sick leave on pay or special leave on pay, an employee is entitled to that holiday which is not debited against such leave.
Annual Holidays Employees will be entitled to the following annual holidays:
(i) on completion of twelve months’ continuous service with the employer, employees are entitled to four weeks’ paid annual holidays, calculated in accordance with the provisions of the Holidays Act 2003, per annum; and
(ii) on completion of five years continuous service with the employer, employees are entitled to five weeks’ paid annual holidays per annum. In addition to the entitlement to paid annual holidays set out at subclause (a) above, employees who qualify for shift leave will be entitled to up to five additional days paid annual holidays per annum, pro-rated, as follows:
(i) to qualify for shift leave, an employee must perform at least two hours of work outside the hours of 6:45am and 5:00pm (“qualifying shift”) on a minimum of 21 shifts in a calendar year; and
(ii) once the employee qualifies for shift leave, the employee will be entitled to the below number of additional shift leave days depending on how many qualifying shifts the employee works in the calendar year: 121 or more 5 days 96 - 120 4 days 71 - 95 3 days 46 - 70 2 days 21 - 45 1 day Casual employees will be paid 8% of their gross earnings at the completion of each period of employment. Annual holidays shall be taken at a time mutually agreed between the Employer and the employee or, failing agreement, as directed by the Employer. The Employer shall not give less than two weeks' notice of requirement for the employee to take annual holidays. An employee may, with the mutual agreement of the employer, take anticipated annual holidays but must pay back any such holiday pay if she/he resigns before working the required amount of time to earn those holidays. The Employer may temporarily close part or the whole of the Hospital for an annual shutdown for a period not exceeding two weeks. Where practicable, the Employer will give at least six weeks’ notice of the dates of the shutdown. Where an employee’s entitlement to annual holidays is less than the period of the shutdown, he or she can access long service leave, if applicable, or leave without pay. Annual Leave applications will be responded to within 14 days of receipt.