HOLIDAY LEAVE

Nelson Evening Mail, Volume LXXII, 25 November 1938, Page 6

HOLIDAY LEAVE

CHRISTMAS AND NEW YEAR PERIODS AN OFFICIAL STATEMENT Many employees take their annual leave over the Christmas and New Year periods, and because next Christmas Day and New Year s Day fall on Sundays and am observed by law on the following Mondays, questions have arisen regarding days that are not counted in the leave period. J he following statement setting out the position regarding the days to be observci as holidays during (he coming Christmas and New Year season was issued by the Labour Department yesterday : “The Public Holidays Act, 1910, as amended by the Public Holidays Amendii.<ut Act, 1921, provides as follows: 1. W lie re in any Act or in any award or industrial agreement reference is made to New \ ear s Day, such reference shall, when New Year’s Day falls on a Sunday, hereafter be deemed to be the next succeeding Monday.

2. \\ hen Christmas Day falls on a Sunday the following rules shall apply with respect to the construction of the provisions of .any Act, award, or industrial agreement insofar as they relate to Sunday, Christmas Day, or Boxing Day, that

(a) \Y here provision is made for the granting of a holiday, or the observance of certain hours of labour, or the payment of certain rates of wages on Sundays, such provisions shall apply without modification on the Sunday being Christmas Day; (b) Where provision is made for the granting of a holiday, or the observance

of certain hours of labour, or the payment of certain rates of wages on Christmas Hay, such provision shall apply on the next succeeding Monday as if it were

Christmas Day; (c) \\ here provision is made for the granting of a holiday, or the observance of certain hours of labour, or the payment of certain rates of wages on Boxing Day, such provisions shall apply on the next succeeding Tuesday as if it were Boxing Day.

“In effect this means that so far as the labour laws (including awards and industrial agreements) are concerned Christmas Day is to be observed on Monday, 26th December, Boxing Day on Tuesday, 27th December, and New Year’* Day on Monday, 2nd January. Where in any award or industrial agreement provision is made for a holiday on ‘2nd January.’ then this holiday becomes meigel with New Year’s Day and no additional holiday need be given unless specific provision is made in the award or agreement for the transfer of the holiday to the following day. In a number of awards and agreements, however, provision is made for a holiday ‘on the day after New Year's Day and in such cases. New Year’s Day being observed on the Monday, an additional holiday must be given on the Tuesday.”