We have a number of employees taking leave without pay over the Christmas and New Year period. Are we still obligated to pay them for public holidays that fall within the unpaid period?
This is a controversial question and a source of ongoing debate. In the Fair Work Act, s116 says that if an employee does not have ordinary hours of work on the day the public holiday falls, the employee is not entitled to payment for the holiday.
To avoid confusion with your employees and their pay, communicating with them about this matter before the holidays is a good idea.
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