Employer and Employee Guidance as it relates to Public Holidays
Monday, 19 September, 2022, has been declared a public holiday in honour of Her Late Majesty Queen Elizabeth II State Funeral.
In accordance with Section 16 of the Labour Act (2021 Revision), Employers and Employees are reminded of the following –
— Employees who are not required to work on a public holiday, must be paid the basic wage they would have normally received for working on that day, had it not been a public holiday; provided they work their SCHEDULED work day immediately before and after the public holiday;
— Employees who are required to work on a public holiday must be paid double their normal rate of pay for hours ACTUALLY worked. 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.
— Public holidays do not affect an employee’s vacation entitlement for the year. Earned vacation leave shall be above and beyond and shall not include any public holiday leave as provided for by section 16 of the Labour Act (2021 Revision).
— A public holiday cannot be considered a ‘scheduled day off’ as that would defeat the purpose of section 16 of the Labour Act (2021 Revision).
— The employer and employee may agree that the employee would receive time off in lieu of payment for public holiday pay to which they are entitled.
— In this instance, the employee should receive an additional day off where they would be entitled to pay for a public holiday for which they have not worked, given they have worked their SCHEDULED work day immediately before and after the public holiday or where they have worked on the public holiday.
— This additional day off cannot be considered as the usual or scheduled day off. It is an additional day.
— Employees at professional or managerial level and above may agree with their employers that they will forgo any entitlement to public holiday pay.
If employers or employees have additional queries please contact the Department of Labour & Pensions at firstname.lastname@example.org or call 945-8960.
Issued by: Department of Labour & Pensions (CIG)