December 18, 2019
An employer may have a regular closedown once a year and this is common over the Christmas/New Year period. Employees, who are entitled to annual holidays at the time of a closedown, are required to take annual holidays or other leave arrangements. The closedown can apply to part or all of the business, but employees must be given at least 14 days’ notice.
Whether employees should be paid depends on a number of factors, including whether they have built up enough annual holidays, or if agreed, they can take annual holidays in advance or unpaid leave.
However, they only get an alternative holiday (a paid ‘day in lieu’) if the public holiday they worked was a day that they normally worked, (i.e., an ‘otherwise working day’ for them), unless the employee only works on public holidays. Therefore, not all employees working public holidays are entitled to an alternative day off.
When a public holiday falls on a Saturday or Sunday, and this is a day the employee does not normally work, then an employee’s public holiday might be moved to the following Monday (or in some cases Tuesday).
For example, an employee who normally works weekends is required to work on Christmas Day this year, Wednesday 25 December. As this is not a normal working day for them, they don’t get an alternative holiday, but still get paid time and a half. However, if the Wednesday was their normal working day, they would also get an alternative holiday.
Employees may need to take holidays for important and legitimate personal, family and community responsibilities and employers must give their employees the opportunity to take at least two of the four weeks’ annual holidays continuously. This rule is to ensure staff are given an extended opportunity for rest and recreation at least once a year.
However, an employer also has the right to run their business as well, eg to ensure that they have enough staff to continue to operate. The key point here is that the employer must have fair and reasonable grounds to refuse a request to take annual holidays at the requested time.
On those occasions when both parties can’t reach agreement about the timing of employees’ annual holidays, then the employer can decide the dates, providing they are being fair and reasonable. However, the employee must be given at least 14 days’ notice to take annual holidays on those specified dates.
All employees become entitled to at least four weeks’ annual holidays after 12 months of continuous employment.
However, it is also common for some employers to allow their staff to take annual holidays in advance, even when they haven’t “accrued” enough days. “Accrued” is like a balance that staff have accumulated since they started working for a business. However, there is no legal requirement for an employer to provide annual holidays in advance.
For example, an employee might want extra money for Christmas gifts and expenses and want to cash-up some of their annual holidays’ balance. The employee must have completed 12 months’ employment and make the request in writing. The employer must reply in writing and doesn’t have to give a reason for their decision.
An employer can also opt out of having to consider such cash-up requests by stating this in a workplace policy or employment contract.
Also, an employer cannot force an employee to cash up a portion of their annual holidays, if the employer has not been given a written request from the employee. In this case, the employee can keep both the cash up money and still take the portion of annual holidays cashed up as paid holidays. The employer may also face a penalty.
March 19, 2019
Sed aliquam risus et orci vestibulum, eu ultrices neque hendrerit. Mauris posuere in turpis in maximus. Donec ornare ligula quis lacus laoreet, in varius ligula sodales. Mauris tortor est, pulvinar semper elit vitae, rutrum dictum erat. Sed diam est, dictum vel sem sed, tempus varius nibh. In sit amet leo a urna ornare egestas eget eleifend magna. Ut eget lobortis diam, eu pellentesque nunc. Aenean et ultricies nisl.
Etiam commodo eleifend venenatis. Nulla pulvinar massa lacus. Nullam eget nulla sit amet mi molestie fermentum. Vestibulum sed sodales purus, auctor porttitor felis. Morbi in mi lobortis, semper ante consectetur, gravida sem. Nam tristique faucibus neque in lobortis. Nunc lacus ante, aliquet eu congue sed, iaculis vel justo. Fusce laoreet augue sed ligula pretium, nec pulvinar nisi porttitor. Praesent at sapien ultrices, commodo augue ac, condimentum odio.
Duis vel tellus at dui tincidunt cursus. Suspendisse vehicula sodales tortor, sed lobortis lacus tincidunt nec. Suspendisse sed suscipit leo, et faucibus ligula. Phasellus sagittis sit amet turpis non elementum. Nam eget libero mollis, laoreet tortor ut, semper dolor. Integer aliquet, purus ac facilisis posuere, odio sem dictum ipsum, quis maximus ante mi id eros. Cras vitae facilisis eros. Etiam venenatis quam vitae nunc vehicula, varius varius diam bibendum. Nunc nibh diam, sagittis in ligula vel, efficitur cursus quam. Sed sit amet mollis ipsum. Aenean blandit sagittis hendrerit.
Aliquam semper tellus ac tempus auctor. Nullam quis pretium dui. Nam pellentesque tempus risus, nec molestie tellus porttitor ut. Aliquam condimentum lacus libero, quis imperdiet turpis imperdiet sed. Nam ultrices leo tortor, at varius sapien scelerisque et. In hac habitasse platea dictumst. Vivamus dignissim odio nibh, sed convallis risus efficitur et. Interdum et malesuada fames ac ante ipsum primis in faucibus. Vivamus non nulla libero. Etiam sed tempor nibh. Aenean sollicitudin massa quis nisl aliquam elementum.
Nunc nunc libero, sollicitudin sed purus eget, consequat fermentum massa. Donec tellus nulla, lobortis et metus id, malesuada ultricies enim. Maecenas cursus nisl sit amet lectus sollicitudin, quis condimentum augue accumsan. In non pellentesque leo. Mauris faucibus, nibh a molestie egestas, enim magna laoreet neque, sit amet lobortis nunc neque sollicitudin turpis. Suspendisse et nisl arcu. Aenean fermentum diam dui, in faucibus dolor commodo sed. Donec eleifend nisi non purus tincidunt viverra. Aliquam tortor erat, viverra quis nibh id, dapibus iaculis velit. Curabitur id imperdiet neque. Donec elementum ultricies lacus vitae pharetra.
December 21, 2012
We have been clients of McKenzie Accountants, since the onset of Fraser’s business. As the one who does the bookwork for our farm, I am the one who has had more contact with Fraser and his staff.
So, what do I think of McKenzie & Co as an accounting firm?
The premises are airy and well lighted. I am always greeted warmly on the phone. The person that I have dealt with more than any other, Debbie Gilchrist, has always been cheerful – even after the third or fourth time I have rung on the same day! Click here for the full story »
November 17, 2011
“2012 will see me entering my 25th year of business. The changes in banking and accounting over this time have changed greatly. For around the first 18 years of business I felt the need to do all of my own book work. Now knowing what working in closer with our accountant can do for me, I have to wonder why we would ever want to spend so much valuable time on doing it all ourselves. Click here for the full story »