Q: I have a query I was hoping you could help with regarding payment for public holidays for casual team members.
When are casual team members entitled to an alternative holiday for working a public holiday? Our casuals are employed with no fixed working days and only work when there is a need for them to work (i.e., no minimum guaranteed hours). I understand they would be paid 1.5x for working the public holiday, but do we also need to provide an alternative holiday?
A: Excellent to see you are on track with what a true casual should be:
- As and when required
- No expectation to work
- No pattern of continuous employment
The extra step that could see a casual employee get an alternative holiday is when the casual work pattern starts to show a pattern of continuous employment, not on purpose just the nature of being a casual that they worked.
A simple test that can be used in this situation would be:
- Was the casual working the day in the previous week
- Will the casual be working the PH day now
- Will the casual most probably be working the day in the following weeks
So, if the casual met all three or even 2 out of three it could be seen that the day has become an otherwise working day. If the business believes 3 weeks is not enough to really decide if a day is an otherwise working day then use a longer period.
For example 5 weeks, all 5 or 4 yes, but 1 to 3 No. Payroll needs to decide what works and is fair and then that will become the payroll law.