s.16Public holiday pay
16
Section 16Part 2 — Leave

Public holiday pay

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If an employee does not work on a public holiday that person shall be paid the basic wage that person would normally have received for work performed on that day had it not been a public holiday, provided that person has worked that person's scheduled work day immediately before and that person's scheduled work day immediately after the said public holiday.
Subject to subsection (3), if an employee does work on a public holiday that person shall be paid at double that person's normal rate of pay for the hours actually worked that day, and where that person works less than the full day that person shall, in addition, be paid at the normal rate for any hours by which the time actually worked falls short of that person's normal working day.
For the avoidance of doubt the provisions of subsections (1) and (2) are not cumulative so that where an employee does work on a public holiday it is not necessary to add that person's entitlement under subsection (2) to the basic wage referred to in subsection (1).
An employee may, by mutual agreement between themselves and that person's employer, take time off in lieu of a public holiday in which case that person shall not be paid double pay for working on any such holiday.
In the case of employees at professional or managerial level and above, the parties to a contract of employment may agree that subsections (1) and (2) shall not apply, in which case the employee shall not be paid double pay for working on a public holiday.
Notwithstanding section 13, an employee serving a probationary period under section 8 is entitled to payment for public holidays.

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