Thursday, 22 September 2022, has officially been declared a public holiday in NSW under Section 5 of the Public Holidays Act 2010.
- Will I get paid a penalty for working this public holiday?
Under the Staff Specialists (State) Award, Staff Specialists (other than Emergency Medicine Physicians) do not have an entitlement to public holiday penalty rates.
Given that hospitals are seeking to minimise disruptions to service, ASMOF has successfully advocated for all staff specialists who work on September 22 to be paid at time and a half. The Ministry will be providing written advice to all the LHDs on this matter.
Interns, Residents and Registrars are entitled to penalty rates under the Public Hospital Medical Officers (State) Award.
Career Medical Officers are entitled to penalty rates under the Public Hospital Career Medical Officers (State) Award.
- Does that mean I have to work the public holiday?
No. If your employer asks you to work on the public holiday, you can refuse if:
(a) the request is not reasonable; or
(b) your refusal is reasonable.
Your personal circumstances, including family responsibilities, are a relevant factor which must be considered.
We have been contacted by several frustrated members who have not been able to secure alternative childcare arrangements. In this situation it would be reasonable for you to refuse to work the public holiday.
If you have been informed that you are required to work on the public holiday and you are unable to, we recommend that you liaise with your Manager in the first instance.
Please contact us if you need advice or support in your particular situation, email: [email protected].