Incapacity Spanning Public Holidays

There will be situations where a period of incapacity will cover a public holiday. Just how Comcare deals with payment will depend on information supplied by the employer. It is expected that, in most cases, section 33 will not need to be applied.

Part 2 of the Guide to APS Pay and Conditions of Employment provides guidelines on the application of the Public Service Act and other related legislation regarding general employment conditions such as flex time, recreation leave and so on.

These guidelines include reference to payments for public holidays before, during and after periods of sick, recreation or long service leave. However, it does not address compensation leave.

Generally, it is usual to determine either:

a week's incapacity, without regard to a public holiday, with the employer then deducting the amount paid for the public holiday from the reimbursement of incapacity payment (section 33 refers);

Example

The public holiday is worth $100.

The employee's NWE is $500.

The holiday falls on day 3 of the week.

Comcare determines the full 5 day period at $500.

The employer then pays the employee $400 for the 4 days of incapacity, and as the employee has received $100 for the public holiday, withholds $100, paying against the vote that holiday entitlements are paid from.

In this circumstance, the 45 weeks entitlement will include the public holiday.

or a week's incapacity, having regard to any holidays for the period.

Example

The public holiday is worth $100.

The employee's NWE is $500.

The holiday falls on day 3 of the week.

Comcare determines 4 days incapacity and a total liability figure of $400. The full amount which is determined is paid to the employee and section 33 does not need to be used.

The same procedure applies for reduced compensation. Depending on what an employer advises, either of the following will apply:

the amount of reduced compensation will apply for the full week (with one day deducted for the public holiday); or
all days around the holiday are determined, with the employer paying, at their discretion, either a full day's salary for the holiday or the lesser payment as for compensation.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-ten-incapacity-payments/part-eight-other-liability-issues/incapacity-spanning-public-holidays

Where Redeployment Is Involved

These guidelines include reference to payments for public holidays before, during and after periods of sick, recreation or long service leave. However, it does not address compensation leave.

Generally, it is usual to determine either:

a week's incapacity, without regard to a public holiday, with the employer then deducting the amount paid for the public holiday from the reimbursement of incapacity payment (section 33 refers);

Example

The public holiday is worth $100.

The employee's NWE is $500.

The holiday falls on day 3 of the week.

Comcare determines the full 5 day period at $500.

In this circumstance, the 45 weeks entitlement will include the public holiday.

or a week's incapacity, having regard to any holidays for the period.

Example

The public holiday is worth $100.

The employee's NWE is $500.

The holiday falls on day 3 of the week.

Comcare determines 4 days incapacity and a total liability figure of $400. The full amount which is determined is paid to the employee and section 33 does not need to be used.

The same procedure applies for reduced compensation. Depending on what an employer advises, either of the following will apply:

the amount of reduced compensation will apply for the full week (with one day deducted for the public holiday); or
all days around the holiday are determined, with the employer paying, at their discretion, either a full day's salary for the holiday or the lesser payment as for compensation.

Where Reduced Hours Are Involved

These guidelines include reference to payments for public holidays before, during and after periods of sick, recreation or long service leave. However, it does not address compensation leave.

Generally, it is usual to determine either:

a week's incapacity, without regard to a public holiday, with the employer then deducting the amount paid for the public holiday from the reimbursement of incapacity payment (section 33 refers);

Example

The public holiday is worth $100.

The employee's NWE is $500.

The holiday falls on day 3 of the week.

Comcare determines the full 5 day period at $500.

In this circumstance, the 45 weeks entitlement will include the public holiday.

or a week's incapacity, having regard to any holidays for the period.

Example

The public holiday is worth $100.

The employee's NWE is $500.

The holiday falls on day 3 of the week.

Comcare determines 4 days incapacity and a total liability figure of $400. The full amount which is determined is paid to the employee and section 33 does not need to be used.

The same procedure applies for reduced compensation. Depending on what an employer advises, either of the following will apply:

the amount of reduced compensation will apply for the full week (with one day deducted for the public holiday); or
all days around the holiday are determined, with the employer paying, at their discretion, either a full day's salary for the holiday or the lesser payment as for compensation.