Section 16Part 3 — LEAVE
Public-holiday pay
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If an employee does not work on a public holiday but works on the immediately preceding normal work day or the immediately succeeding normal work day, he shall, with respect to that holiday, be paid the basic wage he would normally have received for work performed on that day had it not been a public holiday, except that an employee who is scheduled to work on a public holiday but fails to do so without good cause shall not be paid for that public holiday.
An employee who works on a public holiday shall, for the hours actually worked on that day, —
be paid at double the normal rate of pay; or
receive, during a normal work day, equivalent time off with basic pay for the hours actually worked on the public holiday.
Where an employee is called out to work on a public holiday and reports for work, he shall be deemed to have worked a full normal work day, —
and, for the hours actually worked, be paid in accordance with subsection (2) (a);
but, for the hours during which he did not actually work, be paid at normal rate;
and, if the employee works on a public holiday beyond what would have been normal working hours had the day not been a public holiday, he shall also receive pay in accordance with subsection (2) (a).
For the avoidance of doubt, an employee may by arrangement between the employer and himself take time off at another time in lieu of taking a public holiday in which case he shall be remunerated at the basic daily wage for the holiday and for the time off taken in lieu of the holiday.
An employer may agree with employees of professional level and employees of managerial level that with respect to public holidays they shall be paid less than double the normal rate or not be paid at all and the contract may make different provisions for different classes of employees of professional level and employees of managerial level.
An employee on probation is entitled to payment for public holidays on the same terms as a confirmed employee.