'Tis the season to be… on call

Do you have situations where some employees will be on call during a public holiday?  

If so, they are usually entitled to a contractual on call payment as well as at least time and a half rates if they are called out. 

Whether or not they are also entitled to an alternative holiday depends on whether the public holiday falls on what would normally be a working day:

 If the public holiday falls on a day the employee would normally work:
 If the employee is on call… He or she is entitled to… 
 … and is called out at least time and a half for the actual hours worked, (your employment agreement may provide for more) plus an alternative holiday as well as any contractual on call payment

 … and is not called out but the restrictions of being on call mean the employee has not enjoyed a full holiday (for example, if the employee is required to stay at home all day)

an alternative holiday as well as any contractual on call payment
 … and is not called out but the employee's freedom is NOT restricted - for example, he or she can choose not to accept the call-out

any contractual on call payment but he or she  would only be entitled to an alternative holiday if he or she accepts a call-out

 If the public holiday does NOT fall on a day the employee would normally work:
 If the employee is on call... He or she is entitled to...
 … and is called out at least time and a half for the actual hours worked (your employment agreement may provide for more), plus any contractual on call payment

 … and is not called out any contractual on call payment

 

If you have any questions or would like further information, please feel free to contact us.

Subject to Disclaimer

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