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Salaried staff trailing flexi time part way through a year that may go back to normal hours at certain times of the year

Up until 2 weeks ago our office of salaried staff were working 9-5 mon to fri. We all agreed and are trialling (agreed verbally) new flexi hours of tues to fri 8am to 6pm so our 40 hours are completed. Nothing was discussed re public holidays and it needs to be clarified. We have some peak periods where we need to see clients on a Monday so we may need to go back to 9-5 hours for 2 weeks or so twice per year. If the flexi time doesn't work for us we may go back to normal hours. As many of the public holidays fall on a Monday and some on a Friday and the hours are flexi but also fluid (for now) it becomes tricky. 5 months of this year have been worked where public holidays would have been due, so how do we work it out fairly for all? There is a holiday this coming Monday - our day off - and we have only worked 2 weeks on flexi time. For this week we do not work a 32 hour week and are still working our required 40 hours. So we are required to work a number of hours per week but now miss out on our Monday public holidays. So for Easter etc where Friday and Monday are holidays what do we do?

Jo Caldwell

Official comment


Hi Jo,

Now that the ordinary days per week are Tuesday-Friday, Monday will no longer be considered an Otherwise Working Day and thus the team don't have any public holiday entitlements on Mondays. Of course, on the flip side any public holidays that fall Tuesday-Friday they will now be entitled to 10 hours public holiday pay rather than the 8 that they previously would have been entitled to.

In this particular case, because it's only been two weeks since the change, you could use your discretion to decide whether to consider it an Otherwise Working Day.

For more information on determining Otherwise Working days, see this support article which also includes a link to the Department of Labour guidelines around this legislation-

Nicky Clark
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