PUBLIC HOLIDAYS AND REST DAYS
1) ROSTERED REST DAYS and PUBLIC HOLIDAYS
a) A member of a police force of the rank of constable or sergeant shall,if required
to do duty on a day which is a rostered rest day,be granted:
i) where he receives less than 15 days’ notice of the requirement, an
allowance at the appropriate rest-day rate;or
ii) in any other case, another rest day,which shall be notified to him within 4
days of notification of the requirement.
b) Subject to paragraph (2)(a),the appropriate rest-day rate is,for each completed
15 minutes of duty on a rostered rest day,the fraction of a day’s pay specified in
sub-paragraph (c).
c) The fraction is three sixty-fourths.
d) A member of a police force of the rank of constable or sergeant shall,if required
to do duty on a day which is a public holiday,be granted:
i) where he receives less than 8 days’notice of the requirement:
1) an allowance at the appropriate rate and,in addition,
2) another day off in lieu thereof,which shall be notified to him within 4
days of the notification of the requirement,and which shall be treated
for the purposes of this determination as a public holiday;
ii) in any other case,an allowance at the appropriate rate.
e) A member of a police force of the rank of constable or sergeant who is required
to do duty on a day which is a public holiday or a rostered rest day may,within
28 days of the day in question, elect to receive, in lieu of an allowance as
mentioned in sub-paragraph (a)(i) or (d),time off equal:
i) in the case of a day which is a public holiday,to double,and
ii) in the case of a rostered rest day,to one and a half times,
the period of completed quarters of an hour of duty on the day in question.
f) Where such a member of a police force who is required to do duty on a day
which is apublic holiday or a rosteredrestday,or for apart-time member,a free
day has elected to receive time off as mentioned in sub-paragraph (e) or
paragraph 2(h), the chief officer shall, subject to the exigencies of duty, grant
such time off within such time (not exceeding 3 months) as he may fix, and
subject to such time off being taken, no allowance in respect of the day in
question shall be payable under sub-paragraph (a)(i) or, as the case may be,
subparagraph (d)(i) or (ii)’or,for a part-time member paragraph 2(e) or (f).
Determination April 2012
Annex H page 1g) Where the exigencies of duty have precluded:
(1) the allowance of a day’s leave on a public holiday,or
(2) the grant in any week of two rest days,
to a member of apolice force ofthe rank of inspector or chief inspector,he shall,
during the next following twelve months and so far as the exigencies of duty
permit,be allowed or (as the case may be) granted a day’s leave in lieu of any
such day not allowed or granted.
h) Where the exigencies of duty have precluded:
(1) the allowance of a day’s leave on a public holiday,or
(2) the grant in any month of eight monthly leave days,
to a member of a police force of the rank of superintendent or chief
superintendent, he shall, during the next twelve months and so far as the
exigencies of duty permit,be allowed or (as the case may be) granted a day’s
leave in lieu of any such day not allowed or granted.
i) Where the exigencies of duty have precluded the allowance of a day’s leave on
a public holiday to any such member other than a member of a police force
above the rank of chief superintendent, he shall, during the next three months
and so far as the exigencies of duty permit, be allowed a day’s leave in lieu of
any such day not allowed.
j) For the purpose of this paragraph “month” means that period of 28 days
beginning with such day as is fixed by the chief officer of police.
k) A member of a police force shall not be given less than 15 days’ notice of a
requirement to do duty on a day which is a public holiday without the
authorisation of a member of a police force of a rank above that of chief
superintendent.
2) PART–TIME CONSTABLES AND SERGEANTS
a) The appropriate rest-day rate for a part-time member of a police force of the
rank of constable or sergeant is, for each completed 15 minutes of duty on a
rostered rest day, the fraction of the member’s hourly rate of pay calculated in
accordance with the determination under regulation 24(1) specified in
subparagraph (b) below.
b) The fraction is one eighth.
c) A part-time member of a police force of the rank of constable or sergeant who:
i) is required to do duty on a free day,and
ii) receives not less than 15 days’ notice of the requirement, shall be granted
another free day in lieu, which shall be notified to him within 4 days of
notification of the requirement.
d) This sub-paragraph applies where:
i) a part-time member of a police force of the rank of constable or sergeant
is required to do duty on a free day,and
Determination April 2012
Annex H page 2ii) he receives less than 15 days’notice of the requirement,and
iii) theduty is of such a nature that it wouldnot in the circumstances havebeen
reasonably practicable for it to be done by any other member.
e) Where sub-paragraph (d) applies:
i) if the member was on duty for more than 8 hours on the free day and for
more than 40 hours (in addition to any hours on a rostered rest day or
public holiday for which an allowance fell to be granted under this
determination) during the week in which the free day occurred, he is
entitled to an allowance at the rate of one twelfth of an hour’s pay for each
completed period of 15 minutes of duty done on the free day,and
ii) in any other case,he is entitled to time off equal to the total length of those
periods.
f) Where:
i) a member is required to do duty on a free day,and
ii) he receives less than 15days’notice of the requirement,but sub-paragraph
(d)(iii)does not apply,he is entitledto an allowance atthe appropriate restday rate.
g) In the case of a part-time member of a police force of the rank of constable or
sergeantworkingin accordancewith variable shift arrangements,the number of
hours on duty shall for the purposes of sub-paragraph (e)(i) be determined by
adding together:
i) the average number of hours the member is contractedtowork in theweek
in which the free day occurred;
ii) the number of hours, if any, the member worked on any rest day in that
week;and
iii) the number of hours (if any) the member worked on any public holiday
within that period.
h) A member who is required to do duty on a free day may within 28 days of that
day elect to receive:
i) in lieu of an allowance under sub-paragraph (e)(i), time off equal to one
and one third times,and
ii) in lieu of an allowance under sub-paragraph (f),time off equal to one and a
half times,
the period of completed quarters of an hour of duty done on the free day.
i) Any entitlement of a member to an allowance for restday,public holiday or
free day working in respect of any day is in addition to any payments due
to that member for that day in accordance with regulation 24 (pay) and the
determination thereunder.
Determination April 2003
Annex H page 3j) For the purposes of regulation 24(1)(pay) and the determination thereunder:
i) a day’s leave allowed under paragraph (4)(a)(i) of the determination under
regulation 22 andaday offgrantedunderparagraph (1)(d) above or under
paragraph (3)(j) below in respect of a public holiday each count as a
period of duty of 8 hours multiplied by the appropriate factor,and
ii) so much of any time off granted under sub-paragraph (h) or paragraph
(1)(f) above as exceeds the time spent on duty on the public holiday, rest
day or free day counts as time spent on duty.
3) FOR THE PURPOSES OF THIS DETERMINATION:
a) a member of a police force who is paid a dog handler’s allowance shall not be
treated as required to do duty by reason only of his being required to care for
the dog;
b) “a day’s pay”means a week’s pay at the rate at which the member was paid on
the day in question divided by five;
c) “the appropriate rate”for a full-time constable or sergeant means a sixteenth of
a day’s pay for each completed 15 minutes of duty done on a public holiday;
d) “the appropriate rate” for a part-time constable or sergeant is, for each
completed15 minutes ofdutydone on apublic holiday,one half ofthe member’s
hourly rate of pay calculated in accordance with regulation 24 and the
determination thereunder;
e) In thisparagraph,“day”in relation to members of apolice force,means aperiod
of 24 hours commencing at such time or times as the chief officer shall fix and
the chief officer may fix different times in relation to different groups of
members;
f) a reference to a day which is a public holiday is to be construed, in relation to
the member concerned as a reference to a day commencing at any time on the
calendar date of the public holiday in question;
g) “week” means a period of 7 days beginning with such day as is fixed by the
chief officer;
h) where a member is required to do duty,or is recalled to duty,for aperiod of less
than 4 hours on a public holiday or a rostered rest day or, for a part -time
member,a free day,such period or each such period,shall be treated as though
it were a period of 4 completed hours. The only exception to this is where a
periodof not more than one hour ofduty on a rosteredrestday or,for apart-time
member,a free day immediately follows a normal daily period of duty (or,in the
case of a part-time member or a member working in accordance with variable
shift arrangements,a rostered shift).In this instance the period of not more than
one hour of duty counts as the number of period of 15 minutes actually
completed.
Determination April 2003
Annex H page 4i) where a member is required to do duty on a public holiday or on a rostered rest
day or, for a part-time member, a free day, his period of duty shall include
(except for the purposes of sub paragraph (h) above)the time occupied by him
in going to and returning from his place of duty,not exceeding such reasonable
limit as may be fixed by the chief officer, save that,for the purposes of this subparagraph,there shall be disregarded any period of time so occupied:
i) which together with the member’s period of duty exceeds 6 hours,or
ii) which is treated as a period of duty under regulation 22 (travelling time
treated as duty).
j) where it is at his own request that a member works on a day which is a public
holiday, rostered rest day or,for a part-time member,a free day,he shall not be
treated for the purposes of this determination as having been required to do
duty on that day but shall be granted another day off in lieu thereof,which shall
be treated as a public holiday, rostered rest day or free day as the case may be.
k) in relation to a part–time member of a police force:
i) the determined hours are the number of hours which the chief officer has
determined as his normal period of duty in a relevant period (as provided
for in Annex E paragraph (6)(ii) or paragraph (6)(v) as applicable),
ii) a relevant period is a period for which a duty roster relating to him has
effect for the time being under paragraph 3 of Annex E,and
iii) the appropriate factor is A/B,where
A is the number of determined hours,and
B is 40 times the number of weeks in the relevant period.