FAQ
My clinic will be opening for only a morning session on the upcoming public holiday (on Monday). On this day of the week (Mondays) I normally work the whole day—both morning and afternoon sessions. I have been asked to work the morning session on this public holiday. How do I get paid for working this session on a public holiday?

The NTCER outlines your minimum employment terms and conditions

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ANSWER

Section 6.7 of the NTCER that applies to your situation, as follows:

6.7 Public Holidays
A registrar who normally works ordinary hours on the day of the week on which a public holiday falls is entitled to that public holiday as paid leave (i.e. that day is part of the registrar’s ordinary hours of work for that week).

If a registrar works on a public holiday in a practice that is open for normal consultations:

  • the registrar will receive their normal pay and equivalent time off in lieu;
    OR
  • 150% of their ordinary hourly rate of pay or the agreed percentage of their billings/receipts, whichever is the greater (and no time off in lieu).

If a registrar works on a public holiday in a practice that is closed for normal consultations in an on-call capacity, then the registrar will receive their ordinary hourly rate for their usual rostered hours. In this instance, the registrar is not entitled to a paid day off in lieu.

The allocation of public holiday rostering shall be no more onerous than that of other doctors in the practice.”

Section 6.7 means that when a registrar is normally rostered to work on the day on which a public holiday falls and the practice is closed, then they receive their base hourly rate (as holiday leave) as per any other employee.

If a registrar works in an on-call capacity for the practice that is closed for normal consultations on a public holiday, then the registrar will receive their ordinary hourly rate for their usual rostered hours. In this instance, the registrar is not entitled to a paid day off in lieu.

If the practice is open on the public holiday then the registrar should be expected to work (unless they are taking annual or sick or any other kind of leave) and either be paid at 150% of the hourly base rate OR be paid the usual base hourly rate and take equivalent time off in lieu (subject to negotiation between the practice and registrar).

So in this situation, as the practice will be open for limited hours on the public holiday, the morning session (i.e. the hours of opening/registrar working) is paid at 150% of the hourly base rate OR usual base hourly rate plus equivalent time off in lieu AND the hours of the afternoon session that the registrar would have normally worked (if there was no holiday) are paid public holiday leave (at the normal base rate).