STATUTORY HOLIDAYS (a) The following days shall be considered holidays for which full time employees shall receive eight (8) hours' pay for each statutory holiday as listed below, at their regular hourly rate of pay. If said employee works on said holiday, he shall be paid as per Article 29.06: New Year’s Day Labour Day ▇▇▇▇▇ ▇▇▇▇ Day Thanksgiving Day Good Friday Christmas Day Victoria Day Boxing Day Canada Day
(b) Employees working on Remembrance Day will be paid in accordance with the Remembrance Day Act or as amended by the Provincial Government.
29.02 All part-time employees shall receive general holiday pay in an amount equal to one-fifth (1/5) of the average weekly hours that were paid to the employee during the four (4) complete calendar weeks immediately prior to the week in which the general holiday occurs.
29.03 In order for an employee to qualify for a statutory holiday they must not have been voluntarily absent from their scheduled workday the day prior to and/or following such holiday. Vacation, leave of absence authorized by the Company and sick leave shall not disqualify an employee from receiving their general holidays as noted above.
29.04 If a statutory holiday occurs during an employee's vacation or scheduled day off, they shall have the opportunity to take an extra day's vacation with pay or an extra day's pay. In the event the employee chooses to take an extra day off with pay, the day off selected shall be subject to Company approval.
29.05 In the event that a security guard works in a location where a statutory holiday occurs which is not recognized in this agreement, and the client closes its business for that day, and the security guard, had that not been the case, would have normally worked on that day, said security guard shall be offered work in another location for the equivalent time that the employee would have worked if such work is available.
29.06 An employee who is required to and does work on a statutory holiday shall be paid at one and one-half (1½) times their rate of pay (plus one and one-half (1½) times the overtime rate if applicable) for all hours worked on a statutory holiday and in addition, shall be paid their regular pay for the statutory holiday if they fall in accordance with the requirements specified in 29.03 above.
29.07 Senior full-time employees will be given an opportunity not to be scheduled to work both Christmas and New Year’s Day, except in the event that there are no employees available or overtime or training costs are to be incurred by the Company to accommodate the change. Requests shall be submitted forty-five (45) days in advance and the Company shall respond within ten (10) days of the request.
Annual Holidays All colleagues covered by this Agreement are entitled to holiday entitlement (inclusive of bank holidays) as set out in the table below. The entitlement is based on a working week of 40 hours across 5 days. Colleagues working other shift patterns will have a pro rata entitlement based on their contracted hours and length of service: Number of Years Service Total Holiday Entitlement in days (inclusive of bank holidays) Holiday Hours based on 40 hour contract In First 2 years’ Service 30 240 After 2 years’ Service 32 256 After 5 years’ Service 34 272 After 15 years’ Service 36 288 The increase in holiday entitlement will be effective from the start of the holiday year (1st April) following the service anniversary. Where a colleague takes a full holiday week, the deduction from their annual leave entitlement will be based on the colleague’s weekly contracted hours. For single day absences, the number of hours deducted from the annual entitlement will be the colleague’s weekly contracted hours divided by the number of contracted days. Holiday entitlement is to be taken in the period 1st April in each year to 31st March in the following year. All holidays must normally be taken within the appropriate holiday year and cannot be carried forward from one year to the next. However, and only in exceptional circumstances, the General Manager may authorise holidays to be carried forward. If a colleague does not book holidays when requested to do so the holidays may be allocated by the manager in order to avoid holiday “congestion” or the colleague losing holiday entitlement. Any occasion when the depot is closed will be counted as a day’s holiday for a colleague scheduled to work and automatically deducted from the annual holiday entitlement. This would normally happen on public holidays such as Christmas day, or in the event of planned closures. The table below provides a broad indication of the amount of holiday that colleagues should aim to take in each period. Depots will review holiday usage against these principles to ensure that holiday is taken by colleagues and there is no congestion at the end of the holiday year. April May June July August September 50% October November December 25% January February March 25% A colleague leaving the Co-op will receive payment in lieu of any holidays accrued but untaken. The Co-op will make the appropriate deductions for any holidays taken in excess of the amount accrued. Holiday Pay is calculated to ensure compliance with the Working Time Regulations: • From April 2020, holiday pay will be calculated based on average earnings over the rolling previous 52 weeks or Basic Salary, whichever is the higher. • If a colleague has less than 52 weeks service, holiday pay will be calculated based on their average earnings over the total number of weeks during which they have been employed by us or their Basic Salary, whichever is the higher. Note: average earnings will include all elements as required by law from time to time. Holidays will not be allocated but will be offered to colleagues on a ‘first come first served’ basis with maximum quotas set for each holiday week relevant to each Depot. As the holiday year runs from the 1st April until the 31st March the weekly quotas will be published at the beginning of February for the following year’s holiday entitlements.
GENERAL HOLIDAYS 8.01 The following days shall be considered as General Holidays. An employee's pay for a General Holiday shall be as set out in sub-articles 8.03 and 8.04 below: New Year's Day Labour Day ▇▇▇▇▇ ▇▇▇▇ Day Thanksgiving Day Good Friday Remembrance Day Victoria Day Christmas Day Canada Day Boxing Day Civic Holiday and any other day or portion of a day generally observed by the retail grocery and meat stores and designated as a Holiday by the Employer, or any other day declared by the Provincial Government. The Employer may designate the Good Friday General Holiday to be observed in the following week for those employees who volunteer to do so provided it gives the Union twenty one (21) days advance notice. In situations where there are more volunteers in a department who wish to observe Good Friday in the following week than are needed by the Employer, the senior employee will be given preference subject to the Employer having sufficient qualified employees on duty to efficiently operate the business. For those full-time employees who observe Good Friday in the following week they will be given either the Monday or Saturday as their day off in the week following Good Friday, unless mutually agreed to between the Employer and the employee. Where mutual agreement between the Employer and the Union is reached, this provision may be applied to other General Holiday weeks.
8.02 In order for a full-time or part-time employee to receive pay for a General Holiday, they must:
(1) not have been voluntarily absent from work on the scheduled work day prior to and following such Holiday;
(2) have worked their full, regular designated weekly hours for the week in which Holidays, a Holiday, or portion of a Holiday occur, except for bona-fide illness. Any employee on leave of absence (except employees disentitled for General Holiday pay as set out in the following paragraph) granted by the Employer, at the request of the employee, shall not qualify for a General Holiday with pay if they are absent on both their last scheduled work day prior to, and their first scheduled work day following the General Holiday. Any employee receiving a payment under the Plan 1 Weekly Indemnity Benefit, or Workers Compensation, for the full week in which the General Holiday(s) occurs, shall not be entitled to General Holiday pay.
(a) Eligible full-time employees shall suffer no reduction in their pay for a General Holiday as set out in sub-article 8.01 above.
(b) Full-time employees working on General Holidays, designated in Article 8 of this Agreement, shall be paid the regular, hourly rate they would have received had they not worked, plus an additional double (2x) time said hourly rate for all time required to be on duty. Employees other than full-time, working on General Holidays, designated in Article 8 of this Agreement, shall be paid their regular, hourly rate they would have received had they not worked, plus additional time and one-half (1½) said hourly rate for all the time required to be on duty.
8.04 Eligible part-time employees shall be compensated as follows:
(a) All part-time employees who have been employed thirty (30) calendar days or more and have worked and/or were paid an average of at least thirty-two (32) hours or more per week in the four
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.
Worked Holidays Employees who are required to work on the above described holidays shall receive the pay due them for the holiday, plus twice their base rate for all hours worked on such holidays.